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U.S. v. SIMMS

No. 11-3414.

695 F.3d 863 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Wayman SIMMS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 27, 2012.

Attorney(s) appearing for the Case

Douglas P. Roller , St. Louis, MO, for appellant.

Kenneth Tihen , AUSA, Sirena Miller Wissler , AUSA, St. Louis, MO, for appellee.

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

LOKEN, Circuit Judge.

Wayman Simms pleaded guilty to conspiracy to distribute and possession with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. The Presentence Investigation Report recommended assessing seven criminal history points for three prior state court convictions, which placed Simms in criminal history category IV under the advisory sentencing guidelines. The district court

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