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U.S. v. HARPER

No. 10-30643.

643 F.3d 135 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney D. HARPER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 2011.

Attorney(s) appearing for the Case

Josette Louise Cassiere (argued), James G. Cowles, Jr. , Asst. U.S. Attys., Shreveport, LA, for Plaintiff-Appellee.

John C. Nickelson (argued), Cook, Yancey, King & Galloway, A.P.L.C., Shreveport, LA, for Defendant-Appellant.

Before: WIENER, BENAVIDES, and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

Defendant Rodney D. Harper pleaded guilty to a drug conspiracy charge involving "50 grams and more" of cocaine base. Pursuant to a plea agreement, Harper was debriefed by the Government and gave immunized statements about the conspiracy. A probation officer later issued a presentence investigation report (PSR) assigning Harper a guideline sentencing range based on 18 kilograms of cocaine base. Harper objected to the PSR, asserting it was...

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