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U.S. v. BABIAR

No. 04-1338.

410 F.3d 432 (2005)

UNITED STATES of America, Appellee, v. Warren BABIAR, Appellant.

United States Court of Appeals, Eighth Circuit.

Resubmitted: June 1, 2005.

Filed: June 3, 2005.

Attorney(s) appearing for the Case

Keith E. Uhl, argued, Des Moines, IA, for appellant.

Clifford D. Wendel, argued, Des Moines, IA (Shannon Olson, Asst. U.S. Attorney, on the brief), for appellee.

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

RILEY, Circuit Judge.

Warren Babiar (Babiar) was convicted of conspiracy to distribute marijuana. United States v. Babiar, 390 F.3d 598, 599 (8th Cir.2004) (mandate recalled). At the sentencing hearing, the district court1 made findings of fact warranting a two-level enhancement for obstruction of justice under United States Sentencing Guidelines (Guidelines) § 3C1.1 (assessing Babiar's trial...

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