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United States of America v. Sean James Dace

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Submitted: October 17, 2011

Before RILEY, Chief Judge, LOKEN and BENTON, Circuit Judges.

Sean Dace pled guilty, pursuant to a written plea agreement, to conspiracy to manufacture in excess of 50 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, as well as possession of pseudoephedrine knowing and having reasonable cause to believe it would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 841(c)(2). The district court*fn1 sentenced Dace to concurrent terms of 105 months imprisonment, below the advisory United States Sentencing Guidelines (U.S.S.G. or Guidelines) range of 121-151 months, and four years of supervised release. Dace appeals, arguing the district court “procedurally erred in failing to adequately explain” why it denied “Dace’s motion for downward departure based on overstated criminal history and failing to address” certain of his arguments for a downward variance. Dace also contends his sentence “is unreasonable because the [district] court did not fully consider the § 3553(a) factors.” We affirm.

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