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U.S. v. SCOTT

No. 10-2432.

662 F.3d 492 (2011)

UNITED STATES of America, Appellee, v. Michael Donjuarel SCOTT, also known as Calvin Rich, also known as Mike, also known as Mike Mike, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2011.

Attorney(s) appearing for the Case

Rabea Jamal Zayed , argued, Minneapolis, MN, for appellant.

James Lackner , AUSA, argued, Lisa D. Kirkpatrick , AUSA, on the brief, St. Paul, MN, for appellee.

Before WOLLMAN and BYE, Circuit Judges, and FLEISSIG, District Judge.

WOLLMAN, Circuit Judge.

Michael Scott pleaded guilty to one count of conspiracy to distribute 50 grams or more of cocaine base (crack cocaine) in violation of 21 U.S.C. § 841(a)(1). The district court2 sentenced Scott to 120 months' imprisonment, the mandatory minimum sentence under § 841(b)(1)(A). Scott appeals, arguing that he is eligible for safety-valve relief under 18 U.S.C. 3553(f) and that the district court erred in concluding...

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