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U.S. v. JEFFRIES

No. 08-3003.

569 F.3d 873 (2009)

UNITED STATES of America, Appellee, v. Brian JEFFRIES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 25, 2009.

Attorney(s) appearing for the Case

Gary G. Colbath, Jr., AFPD, argued, Rapid City, SD, for appellant.

Mark E. Salter, AUSA, argued, Sioux Falls, SD, Mara M. Kohn, AUSA, on the brief, Rapid City, SD, for appellee.

Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

Brian Jeffries pleaded guilty to one count of abusive sexual contact of a child in violation of 18 U.S.C. §§ 2244(a)(5), 2246(3), and 1153. The district court sentenced Jeffries to 400 months' imprisonment. Jeffries appeals, arguing that the government breached the plea agreement by failing to recommend an acceptance of responsibility reduction and that his sentence was inappropriately enhanced based on an unspecified prior conviction...

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