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U.S. v. BAYS

No. 09-30124.

589 F.3d 1035 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Clinton DeWitt BAYS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2009.

Attorney(s) appearing for the Case

Dennis Benjamin, Nevin, Benjamin, McKay & Bartlett LLP, Boise, ID, for the defendant-appellant.

Thomas E. Moss, United States Attorney, and Christian S. Nafzger, Assistant United States Attorney, Boise, ID, for the plaintiff-appellee.

Before: RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and ROGER T. BENITEZ, District Judge.

TALLMAN, Circuit Judge:

Defendant-Appellant Clinton DeWitt Bays, Jr. pleaded guilty to a charge of being a drug user in possession of a firearm and a charge of possession with intent to distribute methamphetamine. The district court calculated a criminal history category of II for Bays and sentenced him to a 78-month term of imprisonment on each count, to run concurrently. Bays timely appeals this sentence arguing that the district court incorrectly calculated his...

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