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U.S. v. WAGNER

No. 08-2993.

563 F.3d 680 (2009)

UNITED STATES of America, Appellee, v. Glenn E. WAGNER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 5, 2009.

Attorney(s) appearing for the Case

Julie B. Hansen, AFPD and Jennifer L. Gilg, AFPD, Omaha, NE, for appellant.

Joe W. Stecher, AUSA and Susan T. Lehr, AUSA, Omaha, NE, for appellee.

Before BYE, COLLOTON and GRUENDER, Circuit Judges.

PER CURIAM.

In February 2005, Glenn Wagner pled guilty to conspiracy to distribute fifty grams or more of a mixture or substance containing cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 846. At sentencing, the district court1 found that Wagner was responsible for at least 1.79 kilograms of cocaine base. Based on this finding, the court calculated a base offense level of 38 under the advisory sentencing guidelines. After...

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