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U.S. v. WEBB

Nos. 08-1331, 08-1332.

545 F.3d 673 (2008)

UNITED STATES of America, Appellee, v. Geno WEBB, Appellant. United States of America, Appellee, v. Micaiah Rey, also known as Joshua Sanders, also known as Cal, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 28, 2008.

Attorney(s) appearing for the Case

Clemens A. Erdahl, argued, Cedar Rapids, IA, John P. Messina, argued, Des Moines, IA, for Appellant.

Richard D. Westphal, AUSA, argued, Davenport, IA, for Appellee.

Before LOKEN, Chief Judge, WOLLMAN, and SMITH, Circuit Judges.

WOLLMAN, Circuit Judge.

Micaiah Rey and Geno Webb were convicted of conspiracy to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1), and 846. In response to an interrogatory, the jury found beyond a reasonable doubt that the conspiracy involved more than five but less than fifty grams of cocaine base. For sentencing purposes, the district court1 determined by a preponderance of the evidence that the conspiracy...

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