U.S. v. CHOATE

No. 04-3153.

424 F.3d 829 (2005)

UNITED STATES of America, Plaintiff — Appellant, v. Jay M. CHOATE, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 27, 2005.


Attorney(s) appearing for the Case

John E. Higgins, Asst. U.S. Atty., argued, Omaha, NE, for appellant.

Mark W. Bubak, argued, Omaha, NE, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and COLLOTON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The United States appeals from the sentence imposed upon Jay M. Choate. Choate pleaded guilty to a charge of conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 846. In the plea agreement, the parties agreed to the quantity of methamphetamine attributable to Choate, which subjected him to a base offense level of thirty-two under the United States Sentencing Guidelines Manual...

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