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U.S. v. SCHWALK

No. 04-1058.

412 F.3d 929 (2005)

UNITED STATES of America, Appellee, v. Jeremie Jay SCHWALK, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2005.

Attorney(s) appearing for the Case

Julia M. Dvorak, argued, Aberdeen, SD, for appellant.

Mikal G. Hanson, Asst. U.S. Attorney, argued, Pierri, SD, for appellee.

Before SMITH, BEAM, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Jeremy Jay Schwalk pled guilty to assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1152 and 113(a)(6). The district court1 departed upward from the applicable sentencing guideline range, which was then treated as mandatory, and imposed a sentence of 60 months' imprisonment. Schwalk appeals, arguing that the district court erred by departing upward from the applicable guideline...

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