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U.S. v. McDONALD

No. 05-1617.

461 F.3d 948 (2006)

UNITED STATES of America, Appellant, v. Jeffrey Allen McDONALD, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 5, 2006.

Attorney(s) appearing for the Case

Andrew H. Kahl, Asst. U.S. Atty., argued, Des Moines, IA (Matthias D. Onderak, Special Asst. U.S. Atty., Rock Island, IL, on the brief), for appellant.

Kevin Cmelik, argued, Davenport, IA, for appellee.

Before BYE, BEAM and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Jeffrey Allen McDonald ("McDonald") pled guilty to two counts of attempting to manufacture methamphetamine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B) and one count of creating a substantial risk of harm to human life while manufacturing a controlled substance in violation of 21 U.S.C. § 858. After calculating an advisory United States Sentencing Commission Sentencing Guidelines sentencing range of 262 to 327 months, the...

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