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U.S. v. LINCOLN

No. 04-1827.

408 F.3d 522 (2005)

UNITED STATES of America, Appellee, v. John J. LINCOLN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 26, 2005.

Attorney(s) appearing for the Case

Raphael M. Sheetz, argued, Cedar Rapids, IA, for appellant.

Daniel C. Tvedt, argued, Asst. U.S. Atty., Cedar Rapids, IA (Matthew J. Cole, on the brief), for appellee.

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

RILEY, Circuit Judge.

John J. Lincoln (Lincoln) pled guilty to distributing 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). The district court1 sentenced Lincoln to 168 months' imprisonment and five years supervised release. Lincoln appeals, arguing (1) a prior marijuana offense should not have been scored in calculating his criminal history points because the prior offense was expunged...

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