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U.S. v. GILLEN

No. 05-1753.

449 F.3d 898 (2006)

UNITED STATES of America, Appellee, v. Robert L. GILLEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 31, 2006.

Attorney(s) appearing for the Case

David Simpson, argued, St. James, MO, for Appellant.

David A. Barnes, argued, Asst. U.S. Atty., Kansas City, MO, for Appellee.

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

SMITH, Circuit Judge.

Robert L. Gillen, pursuant to a written plea agreement, entered a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). In the plea agreement, the parties agreed to 30 to 37 months' imprisonment. The district court1, however, sentenced Gillen to 63 months' imprisonment. Gillen appeals, arguing that the district court erred in not sentencing him in...

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