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U.S. v. HESSMAN

No. 06-2360.

493 F.3d 977 (2007)

UNITED STATES of America, Appellee, v. Jay Todd HESSMAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2007.

Rehearing and Rehearing Denied August 30, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Joseph J. Hrvol, Council Bluffs, Iowa.

Counsel who presented argument on behalf of the appellee was AUSA John H. Lammers, Sioux City, Iowa. Also appearing on the brief is AUSA Janet L. Petersen, Sioux City, Iowa.

Before RILEY, MELLOY and SHEPHERD, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 30, 2007.

SHEPHERD, Circuit Judge.

Jay Todd Hessman was convicted at a jury trial of conspiracy to manufacture and distribute five grams or more of methamphetamine after having been previously convicted of a felony drug offense. See 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. He was sentenced to 360 months of imprisonment. On appeal, Hessman asserts that the district court1

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