U.S. v. ERVES

Nos. 88-8368, 88-8494.

880 F.2d 376 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Jeffrey ERVES, Gerald Wayne Drew, Gerry Lewayne Terrell, Donald J. Richardson, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Andrew VILLARREAL-FARIAS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 10, 1989.


Attorney(s) appearing for the Case

P. Bruce Kirwan, Atlanta, Ga., for Erves.

Stephen T. Maples, Decatur, Ga., for Drew.

Jake Arbes, Atlanta, Ga., for Terrell.

Jake Waldrop, Federal Defender Program, Inc., Atlanta, Ga., for Richardson.

Candiss L. Howard, Julie E. Carnes, Asst. U.S. Attys., Atlanta, Ga., for U.S. in No. 88-8368.

Paul H. Kehir (Court appointed), Snellville, Ga., for Villarreal-Farias.

Lawrence O. Anderson, Julie Carnes, Asst. U.S. Attys., S.E. Drug Task Force, Atlanta, Ga., for U.S. in No. 88-8494.

Before RONEY, Chief Judge, FAY, Circuit Judge, and ALLEN, Senior District Judge.


RONEY, Chief Judge:

These criminal appeals though factually unrelated, were consolidated because they shared common issues about the constitutionality of the sentencing guidelines promulgated by the United States Sentencing Commission. The defendants also raise statutory challenges to the guidelines and claims that the district court incorrectly applied them. We affirm.

Facts

Erves, Drew, Terrell, and Richardson

Around December 1, 1987...

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