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U.S. v. STEWART

No. 07-1077.

509 F.3d 450 (2007)

UNITED STATES of America, Appellant, v. Kempheny STEWART, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 5, 2007.

Attorney(s) appearing for the Case

Assistant U.S. Atty., Timothy J. Willis, argued, Cape Girardeau, MO, for appellant.

Grant J. Shostak, argued, St. Louis, MO, for appellee.

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

Kempheny Stewart (Stewart) pled guilty to conspiring to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), and 846. Stewart's advisory sentencing Guidelines range was 262 to 327 months' imprisonment with a mandatory minimum sentence of 240 months' imprisonment. After the government filed a motion for downward departure under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e), the...

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