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UNITED STATES v. HURN

No. 06-3666.

496 F.3d 784 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Mark HURN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 2007.

Attorney(s) appearing for the Case

Meredith P. Duchemin (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Michael J. Gonring, Joshua D. Maggard (argued), Quarles & Brady, Milwaukee, WI, for Defendant-Appellant.

Before POSNER, FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

After a two day trial, a jury acquitted Mark Hurn of possession of cocaine base with intent to distribute, but found him guilty of possession of powder cocaine with intent to distribute. At sentencing, the district court found that Hurn distributed cocaine base, notwithstanding the jury's acquittal on that count, and calculated a Guidelines range of 188 to 235 months in prison. Though Hurn argued that his I.Q.

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