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U.S. v. SHY

No. 06-4011.

538 F.3d 933 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Pamela Gail SHY, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Tina Lynn Burton, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2008.

Attorney(s) appearing for the Case

Sam Bertolet, argued, AUSA, Michael W. Reap, on the brief, First AUSA, St. Louis, MO, for appellant.

Lucille Gardner Liggett, argued, AFPD, St. Louis, MO, for appellee Shy.

Susan M. Hunt, argued, Kansas City, MO, for appellee Burton.

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

Pamela Gail Shy and Tina Lynn Burton pled guilty under plea agreements with the government to possession of pseudoephedrine with the knowledge it would be used to manufacture methamphetamine. See 21 U.S.C. § 841(c)(2). After the district court granted each defendant a safety valve reduction, the applicable Guidelines range for each defendant was 37-46 months. For each defendant, the district court varied under 18 U.S.C. § 3553...

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