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U.S. v. MARSHALL

No. 03-3133.

411 F.3d 891 (2005)

UNITED STATES of America, Appellee, v. Daniel John MARSHALL, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2005.

Rehearing and Rehearing Denied August 16, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Scott C. Peterson of Cedar Rapids, IA.

Counsel who presented argument on behalf of the appellee was Matthew J. Cole, AUSA, of Cedar Rapids, IA. Appearing on appellee's brief was Teresa K. Baumann, Special AUSA, Cedar Rapids, IA.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 16, 2005.

SMITH, Circuit Judge.

Daniel John Marshall pleaded guilty to manufacturing and attempting to manufacture five grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. The district court1 concluded that Marshall was not entitled to a reduction under the safety-valve provision and denied...

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