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U.S. v. TURNBOUGH

No. 04-3242.

425 F.3d 1112 (2005)

UNITED STATES of America, Appellee, v. Marzell Deshond TURNBOUGH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 11, 2005.

Attorney(s) appearing for the Case

Virginia Villa, argued, Minneapolis, MN (Andrea K. George, Minneapolis, MN, on the brief), for appellant.

Elizabeth C. Peterson, AUSA, argued, Minneapolis, MN, for appellee.

Before MURPHY, BRIGHT, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Marzell Deshond Turnbough ("Turnbough") pled guilty to one count of knowingly and intentionally distributing five grams or more of a mixture or substance containing cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court sentenced him to 110 months' imprisonment and 5 years' supervised release. Turnbough appeals his sentence on the ground that the district court erred in finding one of his prior convictions...

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