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U.S. v. WADENA

No. 06-2535.

470 F.3d 735 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Darrell Eugene WADENA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 7, 2006.

Attorney(s) appearing for the Case

Rachel Kunjummen Paulose, argued, Asst. U.S. Atty., Minneapolis, MN, for appellant.

Daniel L. Gerdts, argued, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, LAY and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Darrell Eugene Wadena pled guilty to one count of conspiracy to commit mail fraud under 18 U.S.C. §§ 1341 and 1349. The district court1 imposed a sentence of five years probation, a downward variance from Wadena's recommended sentencing range of eighteen to twenty-four months in prison under the advisory United States Sentencing Guidelines ("Guidelines" or "USSG"). The government appeals this sentence as...

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