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U.S. v. HARRIS

No. 04-1593.

390 F.3d 572 (2004)

UNITED STATES of America, Appellee, v. Kody HARRIS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 3, 2004.

Attorney(s) appearing for the Case

Matthew J. Cole, Asst. U.S. Atty., Cedar Rapids, IA, for Plaintiff-Appellee.

Leslie E. Stokke, Cedar Rapids, IA, for Defendant-Appellant.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and RILEY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Defendant Kody Harris appeals his sentence of 188 months and maintains that the district court1 erred in two respects. He argues first that the district court should not have enhanced his sentence for using a minor to commit a crime because the Sentencing Commission exceeded its authority by extending that enhancement to defendants who are under the age of twenty-one. See U.S.S.G. § 3B1...

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