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U.S. v. DAVILA

Nos. 04-3720, 04-3939.

418 F.3d 906 (2005)

UNITED STATES of America, Appellant/Cross-Appellee, v. Serafin Montalvo DAVILA, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2005.

Attorney(s) appearing for the Case

Kevin C. Fletcher, argued, Asst. U.S. Atty., Sioux City, IA, for appellant.

Rees Conrad Douglas, argued, Sioux City, IA, for appellee.

Before RILEY, BOWMAN, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

Serafin Montalvo Davila (Davila) pled guilty to possession with intent to distribute more than 500 grams of methamphetamine and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(A), and 18 U.S.C. § 2. The district court declared the United States Sentencing Guidelines (Guidelines) unconstitutional, and, finding Davila had absconded while on pretrial release, the district court sentenced Davila to 156 months' imprisonment...

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