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U.S. v. DALTON

No. 04-1361.

404 F.3d 1029 (2005)

UNITED STATES of America, Appellant, v. Deborah Marie DALTON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 13, 2005.

Attorney(s) appearing for the Case

Janet L. Petersen, argued, Assistant U.S. Attorney, Sioux City, IA (Jack Lammers, on the brief), for appellant.

Shelley A. Horak, argued, Sioux City, IA, for appellee.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

A grand jury indicted Deborah Marie Dalton on one count of conspiring to distribute 500 grams or more of a mixture containing methamphetamine, in violation of 21 U.S.C. § 846, punishable by ten years to life in prison. The government filed notice under 21 U.S.C. § 851 of its intent to seek an increased statutory penalty of twenty years to life imprisonment based on Dalton's prior conviction for a

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