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U.S. v. YAHNKE

No. 04-1098.

395 F.3d 823 (2005)

UNITED STATES of America, Appellee, v. Bradley YAHNKE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 1, 2005.

Attorney(s) appearing for the Case

Anne M. Laverty, argued, Cedar Rapids, IA, for appellant.

Patrick J. Reinert, argued, Asst. U.S. Atty., Cedar Rapids, IA (Assistant U.S. Atty., Matthew J. Cole, on the brief), for appellee.

Before SMITH, BEAM, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Bradley Linn Yahnke pleaded guilty to maintaining a place for manufacturing, storing, distributing, and using methamphetamine, in violation of 21 U.S.C. § 856 and 18 U.S.C. § 2. In the presentence investigation report, he received a total offense level of 17, with a criminal-history category of five points, or category III, according to the United States Sentencing Guidelines. The district court,1 sua sponte...

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