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U.S. v. PARKER

Nos. 13-1592, 13-1714.

762 F.3d 801 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Santonio Omar PARKER, Defendant-Appellant. United States of America, Plaintiff-Appellant v. Santonio Omar Parker, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2014.

Attorney(s) appearing for the Case

Michael A. Skrien , Asst. Fed. Public Defender, Cape Girardeau, MO, argued, for appellant.

Larry H. Ferrell , Asst. U.S. Atty., Cape Girardeau, MO, argued ( Richard G. Callahan , U.S. Atty., St. Louis, MO, on the brief), for appellee.

Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.

RILEY, Chief Judge.

More than four years have passed since King v. United States, 595 F.3d 844, 849-52 (8th Cir.2010), noted a problematic ambiguity in the career offender provision of the United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 4B1.2(c). The Sentencing Commission has taken no action to resolve the ambiguity, so once again we face an unsavory choice between two imperfect interpretations of this Guidelines...

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