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U.S. v. BERGER

No. 08-1888.

553 F.3d 1107 (2009)

UNITED STATES of America, Appellee, v. John BERGER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2009.

Attorney(s) appearing for the Case

Michael Gross, argued, St. Louis, MO, for appellant.

James C. Delworth, AUSA, argued, St. Louis, MO, for appellee.

Before MELLOY and BENTON, Circuit Judges, and MAGNUSON, District Judge.

BENTON, Circuit Judge.

John Berger was charged with possession with intent to distribute 1, 4 butanediol or BDO (Count I), distribution of cocaine (Count II), distribution of BDO with the death of Tressa Gross resulting (Count III), and possession with intent to distribute BDO with the death of Tressa Gross resulting (Count IV). In the district court,2 Berger pled guilty to Counts I and II and the lesser-included charges of

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