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UNITED STATES v. McCRARY

No. 21-6047.

43 F.4th 1239 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Robert James McCRARY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed July 26, 2022.

Attorney(s) appearing for the Case

Andrew M. Casey , Foshee & Yaffe, Oklahoma City, Oklahoma ( Shannon M. McMurray , Tulsa, Oklahoma, with him on briefs), for Defendant-Appellant.

Steven W. Creager , Assistant United States Attorney ( Robert J. Troester , Acting United States Attorney and Mark R. Stoneman , Assistant United States Attorney, with him on the brief), Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before MORITZ, EBEL, and KELLY, Circuit Judges.

In this direct criminal appeal, Defendant-Appellant Robert McCrary challenges his forty-eight-month prison sentence for possessing fentanyl with the intent to distribute it. Although within the twenty-year statutory maximum for that offense, McCrary's forty-eight-month sentence was four times higher than the high end of the...

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