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U.S. v. MYERS

No. 09-1621.

598 F.3d 474 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Orville Dean MYERS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2010.

Attorney(s) appearing for the Case

John C. Vanderslice, AFPD, argued, Lincoln, NE, for Appellant.

Alan L. Everett, AUSA, argued, Lincoln, NE, for Appellee.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Orville Dean Myers pled guilty to one count of failing to register as a sex offender in violation of 18 U.S.C. § 2250(a). The district court1 sentenced him to 24 months imprisonment. Myers appeals his sentence, arguing that the court engaged in impermissible double-counting by using a prior felony conviction to calculate his base offense level and the criminal history category under the Sentencing Guidelines...

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