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U.S. v. TOMAC

No. 08-2718.

567 F.3d 383 (2009)

UNITED STATES of America, Appellant, v. Michael David TOMAC, also known as Einstein, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 20, 2009.

Attorney(s) appearing for the Case

Christopher C. Myers, AUSA, Fargo, ND, for appellant.

Michael Ray Hoffman, Bismarck, ND, for appellee.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Michael David Tomac pleaded guilty to conspiracy to distribute and to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court1 sentenced him to ninety months' imprisonment. The United States appeals, alleging that the district court committed procedural error in calculating Tomac's sentence. We affirm.

Following Tomac's guilty plea to...

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