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U.S. v. Butler, No. 00-2085 (8th Cir.) (238 F.3d 1001) (January 30, 2001) (Judge Allyne R. Ross)

Here the Court held that the fact that the amount of marijuana possessed by the defendant was neither alleged in his indictment nor determined by the jury rose to the level of plain error and entitled the defendant to resentencing.

In this case the defendant challenged his 70-month sentence for ...

 

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