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U.S. v. BOGLE

No. 88-5700.

855 F.2d 707 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Beverly BOGLE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 26, 1988.

Attorney(s) appearing for the Case

Dexter Lehtinen, U.S. Atty., William F. Jung, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellant.

Donald A. Purdy, Jr., Deputy Gen. Counsel, U.S. Sentencing Com'n, Washington, D.C., for amicus curiae U.S. Sentencing Com'n.

Theodore J. Sakowitz, Federal Public Defender, Stewart Abrams, Asst. Federal Public Defender, Miami, Fla., for defendant-appellee.

Benson B. Weintraub, Benedict P. Kuehne, Sonnett, Sale & Kuehne, Miami, Fla., for amicus curiae Nat. Ass'n of Criminal Defense Lawyers.

Before RONEY, Chief Judge, HATCHETT and ANDERSON, Circuit Judges.

BY THE COURT:

Appellee Beverly Bogle was arrested and charged with importation and possession of cocaine at the Miami Airport on November 11, 1987. She subsequently pled guilty to the importation charge in exchange for the government's dropping the possession charge. After the guilty plea but prior to sentencing, Bogle filed a motion challenging the constitutionality of the new federal sentencing guidelines. See 28 U.S.C. § 991 et seq. (establishing...

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