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U.S. v. DAVIS

No. 07-3650.

538 F.3d 914 (2008)

UNITED STATES of America, Appellee, v. Antwain S. DAVIS, also known as Twan, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2008.

Attorney(s) appearing for the Case

Shannon Patrick O'Connor, Chief Assistant, Federal Public Defender's Office, argued, Omaha, NE, for appellant.

Nancy A. Svoboda, argued, U.S. Attorney's Office, Omaha, NE, for appellee.

Antwain S. Davis, Omaha, NE, pro se.

Before RILEY, HANSEN, and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

Antwain Davis appeals from the sentence that the district court imposed on him after he pleaded guilty to possessing five grams or more of cocaine base (crack) with intent to distribute it, see 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). We vacate the sentence and remand for resentencing.

At sentencing, the court determined that Mr. Davis's guideline sentencing range was 57 to 71 months and, after considering the "factors" in...

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