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U.S. v. ACISON

No. 04-2856.

417 F.3d 944 (2005)

UNITED STATES of America, Appellee, v. Chadwick Wayne ACISON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 2005.

Attorney(s) appearing for the Case

Gerald D. Mueller, Columbia, MO, for appellant.

Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO (Jim Y. Lynn, Asst. U.S. Atty., Jefferson City, MO, Todd P. Graves, U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before COLLOTON, McMILLIAN, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

Chadwick Wayne Acison pled guilty to manufacturing 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court sentenced Acison to a term of 100 months' imprisonment. Acison appeals his sentence, and we vacate and remand for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Acison pled guilty pursuant to a plea agreement...

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