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U.S. v. DAVIS-BEY

No. 09-2851.

605 F.3d 479 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Darell Edward DAVIS-BEY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 14, 2010.

Attorney(s) appearing for the Case

Michael Dwyer, AFPD, argued, St. Louis, MO, for appellant.

Reginald L. Harris, AUSA, argued, St. Louis, MO, for appellee.

Before LOKEN, HANSEN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Pursuant to a plea agreement, Appellant Darell Davis-Bey pleaded guilty to two counts of access device fraud. 18 U.S.C. §§ 1029(a)(2), (a)(3) & (b)(1). Each count carried a statutory maximum ten-year term of imprisonment, and Appellant's undisputed advisory Guidelines range was twenty-four to thirty months' imprisonment. The district court1 varied upwardly from this advisory range and sentenced him...

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