U.S. v. RAYSOR

No. 10-3169.

661 F.3d 987 (2011)

UNITED STATES of America, Appellant, v. Darrin Bernard RAYSOR, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 22, 2011.


Attorney(s) appearing for the Case

Timothy Q. Purdon , AUSA, argued, Fargo, ND, for appellant.

Chad R. McCabe , argued, Bismarck, ND, for appellee.

Before RILEY, Chief Judge, SHEPHERD, Circuit Judge, and WEBBER, District Judge.


SHEPHERD, Circuit Judge.

The United States appeals from an order issued by the district court sentencing Darrin Bernard Raysor to 52 months imprisonment. Because the district court erred as a matter of law in failing to sentence Raysor to the mandatory minimum sentence of 60 months for his conviction under 21 U.S.C. § 841, we reverse and remand for resentencing.

I.

On December 9, 2009, Raysor began serving a five year sentence for his conviction...

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