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U.S. v. SCHARBER

No. 14-2007.

772 F.3d 1147 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Ryan Gregory SCHARBER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 4, 2014.

Attorney(s) appearing for the Case

Joseph Patrick Tamburino , Hillary B. Parsons , argued, Minneapolis, MN, for Defendant-Appellant.

Andrew Dunne , argued, AUSA, Minneapolis, MN, for Plaintiff-Appellee.

Before MURPHY, MELLOY, and BENTON, Circuit Judges.

Ryan Scharber pled guilty to setting federal forest land afire in violation of 18 U.S.C. § 1855, and maliciously attempting to commit arson of a building affecting interstate commerce, in violation of 18 U.S.C. § 844(i). At sentencing Scharber claimed that a five year mandatory minimum sentence under § 844(i...

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