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U.S. v. SPEARS

No. 05-4468, No. 06-1354.

469 F.3d 1166 (2006)

UNITED STATES of America, Appellee/Cross-Appellant, v. Steven SPEARS, Appellant/Cross-Appellee. American Civil Liberties Union Foundation Drug Law Reform Project; American Civil Liberties Union of Iowa; Douglas A. Berman; Michael O'Hear; David N. Yellen; David M. Zlotnick; Federal Public Defender Iowa, Amici on Behalf of Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 5, 2006.

Attorney(s) appearing for the Case

Shawn S. Wehde, U.S. Attorney's Office, Sioux City, IA, for Appellee/Cross-Appellant.

Steven Spears, Pekin, IL, pro se.

Douglas Roehrich, Sioux City, IA, for Appellant/Cross-Appellee.

Before LOKEN, Chief Judge, LAY, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, en banc.

RILEY, Circuit Judge.

Steven Spears (Spears) appeals his conviction for conspiracy to distribute 50 grams or more of cocaine base (crack cocaine), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A), and 500 grams or more of cocaine salt (powder cocaine), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The government cross-appeals, arguing the district court erred in granting a downward variance based solely on the district court's categorical rejection...

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