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U.S. v. ROBERSON

Nos. 06-3458, 06-3663.

517 F.3d 990 (2008)

UNITED STATES of America, Appellee, v. Robert Leon ROBERSON, Appellant. United States of America, Appellee, v. Donald Leonard Sturgis, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2008.

Attorney(s) appearing for the Case

Larry E. Reed, argued, Minneapolis, MN, for appellant Robert Roberson.

Steve L. Bergeson, argued, Shakopee, MN, for appellant Donald Sturgis.

Joseph T. Dixon, III, AUSA, argued, Minneapolis, MN, for appellee.

Before WOLLMAN, HANSEN, and RILEY, Circuit Judges.

WOLLMAN, Circuit Judge.

Robert Leon Roberson and Donald Leonard Sturgis appeal their sentences as unreasonable on the grounds that the district court failed to adequately consider the factors in 18 U.S.C. § 3553(a) or to enunciate its reasons under 18 U.S.C. § 3553(c). They also argue that the district court deprived them of their Sixth Amendment rights by basing their sentences on drug quantities not found by a jury and challenge the appellate presumption...

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