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U.S. v. BROOKS

No. 12-3588.

722 F.3d 1105 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Jeriel Malachi BROOKS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2013.

Rehearing and Rehearing En Banc Denied August 13, 2013.

Attorney(s) appearing for the Case

Michael Moroni , argued, Bloomfield, MO, for appellant.

H. Morley Swingle , AUSA, argued, Cape Girardeau, MO, Timothy J. Willis , Special AUSA, Cape Girardeau, MO, for appellee.

Before LOKEN and GRUENDER, Circuit Judges, and WIMES, District Judge.

LOKEN, Circuit Judge.

Jeriel Brooks pleaded guilty to conspiring to manufacture fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court1 sentenced Brooks to 60 months in prison, the mandatory minimum sentence. See § 841(b)(1)(B)(viii). Brooks appeals the sentence, arguing the court erred in finding him ineligible for "safety-valve" relief under 18 U.S.C. § 3553...

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