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United States v. Deans

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Submitted: October 23, 2009

Before LOKEN, Chief Judge, MURPHY and MELLOY, Circuit Judges.

Robert James Deans pleaded guilty to conspiracy to distribute approximately nine ounces of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. At sentencing, the district court*fn1 determined an advisory guidelines sentencing range of 51 to 63 months and sentenced Deans to 60 months in prison and five years of supervised release. Deans appeals, arguing the district court clearly erred in denying a two-level adjustment based on his minor role in the offense, see U.S.S.G. § 3B1.2(b); imposed an unreasonable sentence by refusing a downward departure or variance because his criminal history category over-represents the seriousness of his criminal history; and committed procedural error by failing to explain an upward departure in the term of supervised release. We affirm.

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