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U.S. v. NACE

No. 04-2869.

418 F.3d 945 (2005)

UNITED STATES of America, Appellee, v. Dominick Daniel NACE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2005.

Attorney(s) appearing for the Case

Mark C. Meyer, Cedar Rapids, IA, for appellant.

Kandice A. Wilcox, Assistant U.S. Attorney, Cedar Rapids, IA, for appellee.

Before LOKEN, Chief Judge, and MORRIS SHEPPARD ARNOLD and MURPHY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Dominick Nace appeals from the sentence imposed by the district court1 following the revocation of his term of supervised release. We affirm.

Mr. Nace first argues that the district court, in violation of his fifth amendment right against self-incrimination, relied on his failure to report his drug use to his probation officer to "depart upward" three months above the guideline range set out...

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