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U.S. v. MARCUSSEN

No. 04-2935.

403 F.3d 982 (2005)

UNITED STATES of America, Appellee, v. Dennis MARCUSSEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 11, 2005.

Attorney(s) appearing for the Case

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

Matthew J. Cole, argued, Asst. U.S. Atty., Cedar Rapids, IA, for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and GRUENDER, Circuit Judges.

BOWMAN, Circuit Judge.

Dennis Marcussen appeals his sentence, arguing that the District Court1 erred in sentencing him as a career offender based on prior predicate offenses that were neither charged in the indictment nor proved to a jury beyond a reasonable doubt. We affirm.

Marcussen pleaded guilty to a charge of conspiracy to manufacture and attempt to manufacture five grams or more of methamphetamine and to distribute and possess...

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