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U.S. v. BOLEWARE

No. 06-4108.

498 F.3d 859 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. BOLEWARE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2007.

Rehearing and Rehearing En Banc Denied September 27, 2007.

Attorney(s) appearing for the Case

Robert Kuchar, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

Lajuana M. Counts, Asst. U.S. Atty., Kansas City, MO (Bradley J. Schlozman, U.S. Atty., on the brief), for appellee.

Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Robert A. Boleware pled guilty to possessing a mixture or substance containing cocaine base. See 21 U.S.C. § 844(a). At sentencing, the district court1 determined his advisory Guidelines range to be 110 to 137 months. Boleware asked for the statutory minimum of 60 months imprisonment; the district court sentenced Boleware to 130 months in prison and 3 years of supervised release. On appeal, Boleware...

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