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U.S. v. SMITH

No. 08-3903.

590 F.3d 570 (2009)

UNITED STATES of America, Appellee, v. Jerry SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 30, 2009.

Attorney(s) appearing for the Case

Gary Dean Dickey, Jr., Des Moines, IA, for appellant.

Andrew H. Kahl, AUSA, argued, Craig Payton Gaumer, AUSA, Des Moines, IA, for appellee.

Before COLLOTON, BENTON, Circuit Judges, and PIERSOL, District Judge.

PIERSOL, District Judge.

Jerry Smith pleaded guilty to one count of conspiracy to engage in the unlicensed dealing of firearms in violation of 18 U.S.C. § 371. The district court2 varied from a level 20 guidelines sentencing range of 33 to 41 months and sentenced Smith to 27 months imprisonment to be followed by three years of supervised release. Smith appeals, arguing that the government breached the plea agreement by failing to...

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