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U.S. v. DRAPEAU

No. 04-1202.

414 F.3d 869 (2005)

UNITED STATES of America, Appellee, v. Bernard J. DRAPEAU, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 2005.

Rehearing and Rehearing Denied August 31, 2005.

Attorney(s) appearing for the Case

Edward G. Albright, argued, Attorney Federal Public Defender, Pierre, SD., for appellant.

Mark E. Salter, Asst. U.S. Attorney, argued, Pierre, SD (Jeffrey C. Clapper, Asst. U.S. Attorney, Sioux Falls, and Paul E. Bachand, Asst. U.S. Attorney, Pierre, SD, on the brief), for appellee.

Before COLLOTON, LAY, and GRUENDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 31, 2005.

COLLOTON, Circuit Judge.

Bernard J. Drapeau, Jr., appeals his conviction for distributing a controlled substance and possessing a controlled substance with the intent to distribute, and his sentence of 324 months' imprisonment and three years' supervised release. We affirm Drapeau's conviction, but vacate his sentence and remand for resentencing in light of United States v. Booker, ___ U.S. ___...

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