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United States v. Ingram

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Submitted: September 23, 2009

Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.

This case comes before us for the second time. In the first case, an interlocutory appeal under 21 U.S.C § 851(d)(2), the government argued the single issue that the district court erred in not determining that Ingram had a prior penalty-enhancing felony drug conviction that would have required him to serve a mandatory-minimum 20-year sentence. We remanded on this sentencing issue for further consideration. See United States v. Ingram, 309 Fed. Appx. 66 (8th Cir. 2009). After hearing additional evidence from the government on remand, the district court*fn1 determined Ingram had a prior felony drug conviction and imposed the mandatory minimum sentence of 240 months (20 years). Ingram now appeals the judgment and sentencing order, arguing the district court erred in denying his motion to suppress evidence, in denying his motion for a new trial for error in jury instructions, and in sentencing him to a mandatory minimum of twenty years. We affirm the conviction and sentence.

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