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U.S. v. PHILLIPS

No. 10-2686.

633 F.3d 1147 (2011)

UNITED STATES of America, Appellee, v. Troy Edison PHILLIPS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2011.

Attorney(s) appearing for the Case

Patricia M. Hulting , Des Moines, IA, for appellant.

Clifford D. Wendel , AUSA, Des Moines, IA, for appellee.

Before SMITH, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

Troy Phillips pled guilty to one count of conspiracy to distribute in excess of 100 kilograms of marijuana, a violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(vii), 846. Pursuant to a plea agreement, the parties stipulated to a drug quantity of between 100 and 400 kilograms of marijuana and a base offense level of 26. See U.S.S.G. § 2D1.1(c)(7). The Presentence Investigation Report ("PSR") recommended a two-level upward adjustment...

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