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UNITED STATES v. McGRADY

No. 96-1261.

97 F.3d 1042 (1996)

UNITED STATES of America, Plaintiff/Appellee, v. John W. McGRADY, also known as Walking John, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 3, 1996.

Attorney(s) appearing for the Case

Carl W. Bussey, argued, Kansas City, MO, for defendant/appellant.

Lajuana M. Counts, argued, Jefferson City, MO, for plaintiff/appellee.

Before FAGG, LAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

John W. McGrady pled guilty to two counts of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). The district court1 sentenced him to fifty-seven months imprisonment. On appeal, McGrady contends that his sentence was improperly calculated. He claims the district court erred by overstating the amount of crack with which he was involved and by not treating him as a minor or minimal participant...

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