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U.S. v. MILLER

No. 06-3608.

484 F.3d 968 (2007)

UNITED STATES of America, Appellee, v. Michael MILLER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2007.

Attorney(s) appearing for the Case

Joseph T. Dixon, III, argued, Minneapolis, MN (Rachel K. Paulose and Thomas M Hollenhorst, on the brief), for appellant.

Katherine M. Menendez, argued, Minneapolis, MN (Daniel A. Ellerbrock, on the brief), for appellee.

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Michael Miller pled guilty to possession of a firearm by a felon, and the district court1 sentenced him to 120 months in prison, the statutory maximum. Miller appeals, contending that the district court erred in departing upward under the advisory guidelines. He also challenges the reasonableness of his sentence. We affirm.

In February 2003 Miller broke into a truck in a mall parking lot in Rapid City and...

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