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U.S. v. ANDREANO

No. 05-1148.

417 F.3d 967 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Thomas ANDREANO, III, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 2005.

Rehearing and Rehearing Denied September 14, 2005.

Attorney(s) appearing for the Case

John F. Fatino, argued, Des Moines, IA, for appellant.

Cliff Wendel, Asst. U.S. Attorney, argued, Des Moines, IA, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 2005.*

BYE, Circuit Judge.

Charles Andreano III appeals the district court's1 denial of his motion to dismiss based on 18 U.S.C. § 3161(j) of the Speedy Trial Act. Andreano also appeals the imposition of a six-level enhancement for possession of a sawed-off shotgun and the denial of his motion for a downward departure based on an overstated criminal...

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