U.S. v. BOYCE

No. 06-1745.

507 F.3d 1101 (2007)

UNITED STATES of America, Appellee, v. Barry A. BOYCE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 8, 2007.


Attorney(s) appearing for the Case

Cheryl Rafert, argued, St. Louis, MO, for appellant.

Keith D. Sorrell, AUSA, Argued, Cape Girardeau, MO, for appellee.

Before BYE, BENTON, and SHEPHERD, Circuit Judges.


SHEPHERD, Circuit Judge.

Barry A. Boyce pled guilty to possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § 841(a)(1). Among his points on appeal, Boyce argues that the government failed to present enough evidence to support the district court's determination of his criminal history category. We agree, so we vacate the sentence and remand for a new sentencing hearing.

Boyce's first sentencing hearing was...

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