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U.S. v. BURLING

No. 04-2693.

420 F.3d 745 (2005)

UNITED STATES of America, Appellee, v. David Arden BURLING, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2005.

Attorney(s) appearing for the Case

Jennifer L. Gilg, argued, Federal Public Defender, Omaha, NE, for appellant.

Lynnett M. Wagner, argued, Asst. U.S. Atty., Lincoln, NE, for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

David Burling pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1). The district court enhanced Burling's sentence under U.S.S.G. § 2D1.1, concluding that he possessed a dangerous weapon in connection with the offense. On appeal, Burling argues that the district court violated his Sixth Amendment rights under Blakely v. Washington, 542 U.S. 296

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