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U.S. v. McGHEE

No. 05-1975.

441 F.3d 605 (2006)

UNITED STATES of America, Appellant, v. Clinton L. McGHEE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2006.

Attorney(s) appearing for the Case

Bruce Wellesley Gillan, U.S. Attorney's Office, Omaha, NE, for Appellant.

Alan G. Stoler, Omaha, NE, for Appellee.

Clinton L. McGhee, Oxford, WI, pro se.

Before BYE, BEAM, and GRUENDER, Circuit Judges.

PER CURIAM.

The government appeals Clinton McGhee's sentence. McGhee pleaded guilty to possession with intent to distribute crack cocaine and possession of a firearm. At sentencing, the government sought to enhance his sentence because he recklessly created a substantial risk of death or serious bodily injury to others when he fled from the police. The district court found that it could not apply the enhancement because the enhancement had not been alleged in the...

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