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U.S. v. COURTNEY

No. 02-4083.

412 F.3d 855 (2005)

UNITED STATES of America, Appellee, v. Robert Ray COURTNEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2004.

Vacated: January 24, 2005.

Reinstated: June 20, 2005.

Rehearing and Rehearing Denied July 28, 2005.

Attorney(s) appearing for the Case

James R. Hobbs and W. Brian Gaddy, Kansas City, Missouri; and David B.B. Helfrey, St. Louis, Missouri, for appellant.

Phillip E. Porter, Kansas City, Missouri, for appellee.

Before LOKEN, Chief Judge, McMILLIAN and HANSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 28, 2005.

PER CURIAM.

Robert Ray Courtney pleaded guilty to eight counts of product tampering causing serious bodily injury and twelve counts of adulterating or misbranding drugs. The district court1 sentenced him to thirty years in prison, which was a three-level upward departure from his Guidelines imprisonment range. Courtney appealed the extent of the upward departure. After reviewing...

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