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U.S. v. SMITH

No. 11-1732.

665 F.3d 951 (2011)

UNITED STATES of America, Appellee, v. Jeffrey SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 27, 2011.

Attorney(s) appearing for the Case

Jill M. Johnston , AFPD, argued, Cedar Rapids, IA, for appellant.

Teresa Baumann , AUSA, argued, Cedar Rapids, IA, Jack Lammers , on the brief, Sioux City, IA, for appellee.

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

RILEY, Chief Judge.

Jeffrey Smith pled guilty to knowingly and intentionally distributing five or more grams of actual (pure) methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The United States Probation Office prepared a presentence investigation report (PSR) calculating an advisory sentence range of 135 to 168 months under the United States Sentencing Guidelines (U.S.S.G. or Guidelines). Over Smith's objection, the district court

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