No. 06-1423.

487 F.3d 588 (2007)

UNITED STATES of America, Appellee, v. Ricardo PERALES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2007.

Attorney(s) appearing for the Case

Michael J. Tasset, Oakland, NE, for appellant.

Steven A. Russell, Asst. U.S. Attorney, Lincoln, NE, for appellee.

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.


Ricardo Perales appeals the 121-month prison sentence the district court1 imposed after he pleaded guilty to possessing cocaine with intent to distribute in violation of 21 U.S.C. § 841. Over Perales's objection and in reliance on the government's evidence at sentencing, the district court calculated a Category II criminal history based on 3 points: 1 point for a 2004 California drug-possession conviction upon Perales...

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