U.S. v. MILLER

No. 06-2875.

484 F.3d 964 (2007)

UNITED STATES of America, Appellant, v. Todd Douglas MILLER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2007.


Attorney(s) appearing for the Case

Gary G. Colbath, Jr., argued, Rapid City, SD, for appellant.

John E. Haak, argued, Sioux Falls, SD (Mark A. Vargo, on the brief), for appellee.

Before O'CONNOR, Associate Justice (Ret.), WOLLMAN, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Todd D. Miller pleaded guilty to aiding and abetting possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2. The district court determined that Miller's Guidelines range was 37 to 46 months' imprisonment but imposed a sentence of three years' probation, with conditions, including that Miller be confined to home detention for the first 12 months. The government appeals...

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