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U.S. v. BOYCE

No. 08-3146.

564 F.3d 911 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Barry A. BOYCE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 4, 2009.

Attorney(s) appearing for the Case

Cheryl Rafert, argued, St. Louis, MO, for appellant.

Keith D. Sorrell, AUSA, argued, Cape Girardeau, MO, for appellee.

Before MURPHY, HANSEN, and BYE, Circuit Judges.

MURPHY, Circuit Judge.

Barry Boyce was convicted of possession with intent to distribute five grams or more of cocaine base, 21 U.S.C. § 841(a)(1), (b)(1)(B), and sentenced to 262 months on August 25, 2008. Boyce appeals, arguing that the district court1 erred at sentencing by relying on perjured testimony, giving excessive presumptive weight to the advisory guidelines, failing to consider all the sentencing factors in 18 U.S.C. ...

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