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U.S. v. MAY

No. 03-3108.

413 F.3d 841 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Phillip MAY, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2005.

Attorney(s) appearing for the Case

Manvir K. Atwal, argued, Asst. Federal Public Defender, Minneapolis, MN, for appellant.

Ann M. Anaya, argued, Asst. U.S. Atty., Minneapolis, MN, for appellee.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and SMITH, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Gerald Phillip May, Jr., pleaded guilty to assault with intent to commit murder, in violation of 18 U.S.C. §§ 113(a)(1), 1151, and 1153(a). May was sentenced to ninety-seven months' imprisonment. He appeals his sentence and argues that the district court1 erred in: (1) granting an upward departure, (2) ordering restitution in an amount not supported by the evidence, and (3) sentencing him in violation...

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