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U.S. v. BURNS

No. 04-2901, 04-2933.

438 F.3d 826 (2006)

UNITED STATES of America, Appellant/Cross-Appellee, v. Travis Ray BURNS, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2006.

Attorney(s) appearing for the Case

Shawn S. Wehde, argued, Asst. U.S. Attorney, Sioux City, IA, for appellant.

Robert A. Lengeling, argued, Sioux City, IA, for appellee.

Before WOLLMAN, BRIGHT, and BYE, Circuit Judges.

BYE, Circuit Judge.

The United States appeals arguing the district court's1 sixty percent downward departure was excessive. Travis Ray Burns cross-appeals arguing the district court erred in determining the starting point for its departure. We affirm.

I

Burns was indicted on one count of conspiracy to manufacture and distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841...

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