United States v. Gary Don Freeman

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 22, 1997
• Docket: 97-1300
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-1300 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Gary Don Freeman, * [UNPUBLISHED] * Appellant. * ___________

Submitted: August 18, 1997 Filed: August 22, 1997 ___________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Following multiple drug transactions with an undercover state police investigator, Gary Don Freeman pleaded guilty to eight counts of distributing cocaine base and one count of possessing cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The district court1 sentenced him to 124 months imprisonment and 4 years supervised release. On appeal Freeman attacks his sentence and alleges that the government engaged in sentence manipulation because the undercover

1 The Honorable Henry Woods, United States District Judge for the Eastern District of Arkansas. investigator, Willie Robinson, entered into repeated transactions with him and requested powder cocaine be made into crack cocaine. Robinson testified at the sentencing hearing that he made repeated purchases in an effort to reach Freeman's drug source, and except for his final purchase, he had always requested and received crack cocaine from Freeman. Robinson also testified that he succeeded in reaching Freeman's source, against whom cases were pending.

After reviewing the record, we find no merit in Freeman's challenge to his sentence. See United States v. Turner, 93 F.3d 1422, 1423 (8th Cir. 1996) (per curiam); United States v. Shephard, 4 F.3d 647, 649 (8th Cir. 1993); United States v. Calva, 979 F.2d 119, 123 (8th Cir. 1992). The judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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