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ACKERLAND v. U.S.

No. 10-1864.

633 F.3d 698 (2011)

Joshua Richard ACKERLAND, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2011.

Attorney(s) appearing for the Case

Christopher C. Myers , AUSA, argued, Fargo, ND, for appellant.

Mark Allan Friese , argued, Fargo, ND, for appellee.

Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Joshua Richard Ackerland pled guilty to conspiracy to distribute and to possess with intent to distribute 500 grams or more of methamphetamine. The district court sentenced Ackerland to 96 months' imprisonment. The court later granted Ackerland's motion to vacate his sentence, pursuant to 28 U.S.C. § 2255, concluding that it incorrectly calculated Ackerland's criminal history score under the sentencing guidelines at sentencing. The government...

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