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U.S. v. STEWARD

No. 00-2432.

252 F.3d 908 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Tuan STEWARD, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Thomas Edward Leggans (argued), Randy G. Massey, Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, for Plaintiff-Appellant.

Renee E. Schooley, Lawrence J. Fleming (argued), Office of the Public Defender, East St. Louis, IL, for Defendant-Appellee.

Before FAIRCHILD, EASTERBROOK, and MANION, Circuit Judges.

FAIRCHILD, Circuit Judge.

Steward was charged with possession with intent to distribute cocaine base, crack, in violation of 21 U.S.C. § 841(a)(1). The jury acquitted him of that charge, but found him guilty of the lesser offense of possession of crack. The court sentenced him to 21 months' imprisonment. The government had sought imprisonment in the range of 110 to 137 months and appealed. We affirm.

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