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U.S. v. CLAY

No. 10-1222.

622 F.3d 892 (2010)

UNITED STATES of America, Appellee, v. Donnale C. CLAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 8, 2010.

Attorney(s) appearing for the Case

David E. Mullin , Cedar Rapids, IA, for appellant.

Daniel A. Chatham , AUSA, Cedar Rapids, IA, for appellee.

Before RILEY, Chief Judge, MURPHY and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Donnale C. Clay pleaded guilty to distributing cocaine base and being a felon in possession of a firearm. The district court1 sentenced Clay to 100 months' imprisonment for each offense, with Clay to serve the terms concurrently. Clay appeals his sentence, arguing that the district court improperly calculated his base offense level and that his sentence is substantively...

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