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U.S. v. McFARLIN

No. 07-1957.

535 F.3d 808 (2008)

UNITED STATES of America, Appellee, v. Pinkey McFARLIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2008.

Attorney(s) appearing for the Case

Patirck C. Harris, AUSA, argued, Anne E. Gardner, AUSA, Little Rock, AR, on the brief, for appellant.

Morris W. Thompson, argued, Little Rock, AR, for appellee.

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.

JARVEY, District Judge.

The government appeals from the imposition of a sentence of three years probation given to the defendant who pleaded guilty to conspiracy to distribute 102 grams of cocaine base between May and November 2004. We affirm the sentence of probation upon these unique facts.

Defendant Pinkey McFarlin was originally charged in a January 4, 2005, twenty-five count indictment alleging possession with...

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