UNITED STATES OF AMERICA, — v. ARNOLD JAMES PEMBERTON, —

405 F.3d 656

UNITED STATES of America, Plaintiff — Appellee,

v.

Arnold James PEMBERTON, Defendant — Appellant.

No. 03-1302.

United States Court of Appeals, Eighth Circuit.

Submitted: June 18, 2004.

Filed: April 22, 2005.

Patrick W. Noaker, argued, St. Paul, Minnesota, for appellant.

Lisagaye A. Biersay, argued, AUSA, Minneapolis, Minnesota, for appellee.

Before BYE, JOHN R. GIBSON, and BOWMAN, Circuit Judges.

BYE, Circuit Judge.

1

Arnold James Pemberton appeals his convictions and sentences following a plea of guilty to three counts of assault with a dangerous weapon in violation of 18 U.S.C. §§…