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U.S. v. GALL

No. 05-3001.

446 F.3d 884 (2006)

UNITED STATES of America, Appellant, v. Brian Michael GALL, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2006.

Attorney(s) appearing for the Case

Jason T. Griess, Asst. U.S. Atty., argued, Des Moines, IA, for appellant.

Marc Milavitz, argued, Boulder, CO, for appellee.

Before LOKEN, Chief Judge, BOWMAN and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Brian Michael Gall pleaded guilty to conspiracy to distribute a mixture and substance containing methylenedioxymethamphetamine ("MDMA"), a Schedule I controlled substance, in violation of 21 U.S.C. §§ 841(b)(1)(C) and 846. The district court imposed a sentence of 36 months' probation and a $100 special assessment. The government appeals the sentence, arguing that it is unreasonable. We conclude that Gall's sentence is unreasonable....

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