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U.S. v. MALLOY

Nos. 09-2618, 09-2619.

614 F.3d 852 (2010)

UNITED STATES of America, Appellee, v. Shain MALLOY, Appellant. United States of America, Appellee, v. Michael James Kluge, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2010.

Attorney(s) appearing for the Case

John Jay Rausch, argued, Waterloo, IA, for appellant Shain Malloy.

Leslie E. Stokke, argued, Rapids, IA, for appellant Michael Kluge.

John H. Lammers, AUSA, argued, Sioux City, IA, for appellee.

Before WOLLMAN, MURPHY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Shain Malloy pled guilty to, and Michael Kluge was convicted of, conspiring to manufacture 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a), 841(b)(1)(A), 846, and 851. The district court1 sentenced Malloy to 188 months imprisonment and Kluge to 360 months imprisonment. Malloy appeals his sentence, and Kluge appeals both his conviction...

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