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U.S. v. WHEELER

No. 03-3972.

412 F.3d 979 (2005)

UNITED STATES of America, Appellee, v. Sharon Marie WHEELER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 21, 2005.

Attorney(s) appearing for the Case

William B. Gaddy, argued, Kansas City, Missouri (James R. Hobbs on the brief), for appellant.

Linda Parker Marshall, Assistant U.S. Attorney, argued, Kansas City, Missouri (Todd P. Graves on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BRIGHT, and FAGG, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Sharon Wheeler pleaded guilty to two counts of bank fraud. See 18 U.S.C. § 1344. At her sentencing hearing, Ms. Wheeler and the government agreed that, under the United States Sentencing Guidelines, the applicable sentencing range was 30 to 37 months. The district court1 sua sponte departed upward from that range and imposed a sentence of 48 months. Ms. Wheeler appeals the upward...

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