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U.S. v. WINTERS

Nos. 04-3038, 04-3039.

411 F.3d 967 (2005)

UNITED STATES of America, Plaintiff — Appellee, v. Louis WINTERS, Jr., also known as Boy Winters, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2005.

Attorney(s) appearing for the Case

Bruce Ellison, argued, Rapid City, SD, for appellant.

Mark E. Salter, argued, Asst. U.S. Atty., Sioux Falls, SD (Mark A. Vargo, Asst. U.S. Atty., and Gregg S. Peterman, Asst. U.S. Atty., Rapid City, SD, on the brief), for appellee.

Before MURPHY, FAGG, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Louis "Boy" Winters, Jr., was charged in separate indictments with conspiracy to distribute a controlled substance and being a felon in possession of a firearm. He pled guilty to both charges under plea agreements in which he waived most of his rights to appeal. Winters was sentenced to 262 months on the conspiracy count and 51 months on the firearm count, to be served consecutively. Winters appeals, arguing that the district court

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