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U.S. v. BERNI

No. 05-1678.

439 F.3d 990 (2006)

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

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2006.

Attorney(s) appearing for the Case

Paul D. Schneck, Minneapolis, MN, for appellant.

Jeffrey S. Paulsen, Assistant U.S. Attorney, Minneapolis, MN, for appellee.

Before MELLOY, FAGG, and BENTON, Circuit Judges.

PER CURIAM.

Robert Berni appeals the 96-month sentence the district court1 imposed following his plea of guilty to conspiring to distribute in excess of 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. The district court applied the career offender provisions of U.S.S.G. § 4B1.1(b), found the Guidelines range to be 188 to 235 months, and granted the government's motion for a downward departure...

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