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U.S. v. PHELPS

No. 07-2671.

536 F.3d 862 (2008)

UNITED STATES of America, Appellee, v. Kelly L. PHELPS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2008.

Attorney(s) appearing for the Case

Diane Dragan, AFPD, argued, St. Louis, MO, for appellant.

Sirena Miller Wissler, AUSA, argued, St. Louis, MO, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Kelly Lee Phelps pled guilty to possession of pseudoephedrine with intent to manufacture methamphetamine, 21 U.S.C. § 841(a)(1). The district court1 sentenced him to 84 months' imprisonment (before credit for 6 months served). Phelps appeals, asserting sentencing errors. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, this court affirms.

I.

At sentencing, the district...

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