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U.S. v. CLAIBORNE

No. 05-2198.

439 F.3d 479 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Mario CLAIBORNE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2006.

Attorney(s) appearing for the Case

Cristian M. Stevens, argued, Asst. U.S. Attorney, St. Louis, MO, for appellant.

Michael Dwyer, argued, St. Louis, MO, for appellee.

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

LOKEN, Chief Judge.

Mario Claiborne pleaded guilty to two counts of possessing and distributing cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 844(a). The district court determined that Claiborne's advisory guidelines sentencing range is 37 to 46 months in prison and imposed a 15-month sentence. The government appeals the sentence as unreasonable under 18 U.S.C. § 3553(a). We agree and remand for resentencing.

In May 2003, Claiborne...

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