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U.S. v. FRANKLIN

No. 12-1300.

695 F.3d 753 (2012)

UNITED STATES of America, Plaintiff-Appellee v. Jerry D. FRANKLIN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 2, 2012.

Attorney(s) appearing for the Case

Andrew Richard Gilfoil , St. Louis, MO, for appellant.

Sirena Miller Wissler , USA, St. Louis, MO, for appellee.

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

RILEY, Chief Judge.

Jerry Franklin was sentenced to 216 months imprisonment for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii) and 18 U.S.C. § 2. On appeal, Franklin claims the district court1 procedurally and substantively erred by departing upwards 108 months under the advisory United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 5K2.2. We affirm...

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