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U.S. v. FOSTER

No. 07-1217.

514 F.3d 821 (2008)

UNITED STATES of America, Appellant, v. Kelly FOSTER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 31, 2008.

Attorney(s) appearing for the Case

Kenneth Tihen, Assistant U.S. Attorney, U.S. Attorney'S Office, St. Louis, MO, argued, for. Appellant.

Janis C. Good, Assistant Federal Public Defender, St Louis, MO, argued, for Appellee.

Before RILEY, TASHIMA, and SMITH, Circuit Judges.

RILEY, Circuit Judge.

Under a plea agreement, Kelly Foster (Foster) pled guilty to knowingly and intentionally possessing pseudoephedrine, knowing the pseudoephedrine would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 841(c)(1). The district court sentenced Foster to 60 months' imprisonment, but immediately suspended the sentence and placed Foster on five years' probation. The government appeals the sentence. For the reasons stated below...

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