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U.S. v. GENTILE

Nos. 06-1893, 06-2269.

473 F.3d 888 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony GENTILE, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Sheila Gentile, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 17, 2007.

Attorney(s) appearing for the Case

Sam C. Berlolet, argued, Asst. U.S. Attorney, St. Louis, Missouri, for appellant.

Bartholomew J. Baumstark, argued, St. Louis, Missouri, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Anthony and Sheila Gentile, who are brother and sister, both pled guilty to conspiracy to possess pseudoephedrine knowing that it would be used to manufacture methamphetamine. The district court varied from the calculated advisory guideline range of 100 to 125 months to sentence Anthony Gentile to 48 months. After calculating a guideline range of 37 to 46 months for Sheila Gentile, the district court sentenced her to one day of time served and...

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