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U.S. v. SMITH

No. 13-1687.

755 F.3d 645 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Lee D. SMITH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 19, 2014.

Attorney(s) appearing for the Case

Stephen C. Moss , Acting Fed. Public Defender, Kansas City, MO, for appellant.

D. Michael Green , Asst. U.S. Atty., Kansas City, MO ( Tammy Dickinson , U.S. Atty., on the brief), for appellee.

Before RILEY, Chief Judge, LOKEN and BYE, Circuit Judges.

BYE, Circuit Judge.

Lee Smith appeals the sentence he received for being convicted of use of interstate facilities in the commission of murder-for-hire, challenging the district court's1 application of the base offense level associated with solicitation to commit murder when calculating the advisory guidelines range. We affirm.

I

On May 4, 2012, Smith, seeking someone to kill his wife, made an unsolicited phone call to...

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