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U.S. v. LEE

No. 05-3526.

454 F.3d 836 (2006)

UNITED STATES of America, Appellant, v. Mark Allen LEE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2006.

Attorney(s) appearing for the Case

Tim J. Willis, argued, Special Asst. U.S. Attorney, Cape Girardeau, MO, for appellant.

Jim S. Green, argued, Sikeston, MO, for appellee.

Before ARNOLD, JOHN R. GIBSON, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Mark Allen Lee pleaded guilty to one count of possession of five grams or more of methamphetamine with intent to distribute. Lee's three previous narcotics convictions subjected him to an enhanced sentence pursuant to 21 U.S.C. § 851. The resulting advisory Guidelines sentencing range was 262 to 327 months' imprisonment. However, the district court sentenced Lee to the statutory minimum of 120 months. The government appeals Lee's sentence...

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