U.S. v. CAIN

No. 06-3429.

487 F.3d 1108 (2007)

UNITED STATES of America, Appellee, v. LaAnthony Cletae CAIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2007.

Attorney(s) appearing for the Case

Gregory C. Damman, argued, Seward, NE, for appellant.

Steven A. Russell, Asst. U.S. Atty., argued, Lincoln, NE (Sara E. Fullerton, Asst. U.S. Atty., Lincoln, NE, on the brief), for appellee.

Before MELLOY, SMITH, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

LaAnthony Cletae Cain appeals his conviction for conspiracy to distribute, and possession with intent to distribute, crack cocaine. See 21 U.S.C. §§ 841(a), 846. Cain argues: insufficiency of the evidence; a variance between the indictment and the evidence; and, error in denying a sixty-percent downward variance from the range set by the United States Sentencing Guidelines. This court...

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