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U.S. v. HENDERSON

No. 04-2782.

408 F.3d 1078 (2005)

UNITED STATES of America, Appellee, v. Victor HENDERSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 26, 2005.

Attorney(s) appearing for the Case

Joseph F. Gross, Jr., Omaha, NE, for appellant.

Maria R. Moran, Asst. U.S. Atty., Omaha, NE, for appellee.

Before LOKEN, Chief Judge, RILEY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Victor Henderson pled guilty to conspiracy to possess with intent to distribute 50 grams or more of cocaine base from January 1, 2001 through August 30, 2003, in violation of 21 U.S.C. § 846. Based on Henderson's prior convictions, the presentence investigation report calculated Henderson's criminal history at category V. The district court1 found that category V substantially over-represented the seriousness...

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