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Legal Opinion

United States v. Foster

Court of Appeals for the Eighth Circuit

Decided January 31, 2008No. 07-1217PublishedCited by 25 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Under a plea agreement, Kelly Foster (Foster) pled guilty to knowingly and intentionally possessing pseudoephedrine, knowing the pseudoephedrine would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 841(c)(1). The district court sentenced Foster to 60 months’ imprisonment, but immediately suspended the sentence and placed Foster on five years’ probation. The government appeals the sentence. For the reasons stated below, we vacate Foster’s sentence and remand the case to the district court for resentencing.

I. BACKGROUND

Neither party challenges the facts…

2Cases cited6 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Harry Lee Johnson v. James Mabry, Commissioner, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1979
  3. United States v. Alfred GlassCourt of Appeals for the Eighth Circuit · 1983
  4. United States v. Daniel Ignatz Tramp, Also Known as Dan DaileyCourt of Appeals for the Eighth Circuit · 1994
  5. United States v. Dexter Ross, United States of America v. Dexter RossCourt of Appeals for the Eighth Circuit · 2007

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3Cited by25 opinions

  1. Sun Bear v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  2. United States v. DurhamCourt of Appeals for the Eighth Circuit · 2010
  3. United States v. FarmerCourt of Appeals for the Eighth Circuit · 2011
  4. United States v. MoraisCourt of Appeals for the Eighth Circuit · 2012
  5. United States v. WilliamsCourt of Appeals for the Eighth Circuit · 2010

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