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U.S. v. SHAFER

No. 05-2049.

438 F.3d 1225 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Jeffrey SHAFER, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2006.

Attorney(s) appearing for the Case

Douglas R. Semisch, argued, Asst. U.S. Attorney, Omaha, NE, for appellant.

Jeffrey L. Thomas, argued, Omaha, NE, for appellee.

Before LOKEN, Chief Judge, WOLLMAN and RILEY, Circuit Judges.

LOKEN, Chief Judge.

Jeffrey Shafer pleaded guilty to violating 18 U.S.C. § 225 l(a), conspiracy to use a minor for purposes of producing an explicit visual depiction of sexual conduct. The district court determined that the bottom of Shafer's guidelines sentencing range was above the five year statutory maximum penalty. Rather than sentence Shafer to the statutory maximum, as the government urged, the court sentenced him to 48 months in prison to be served concurrently...

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