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U.S. v. WHITE

Nos. 89-1313, 89-1487.

888 F.2d 490 (1989)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. William V. WHITE, Defendant-Appellant/Cross-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Michael Albert ROE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Thomas M. Durkin, David Glockner, Asst. U.S. Attys., Office of the U.S. Atty., Chicago, Ill., and John Vandreuil, Asst. U.S. Atty., Office of the U.S. Atty., Madison, Wis., for the U.S., plaintiff-appellee.

Allan A. Ackerman and Louis B. Garippo, Susan F. Feibus, and Thomas A. Moore, Chicago, Ill., for William V. White, defendant-appellant.

Charles W. Giesen, Morris D. Berman, Giesen & Berman, Madison, Wis., and Allan A. Ackerman, Chicago, Ill., for Michael Roe, defendant-appellant.

Before CUMMINGS, CUDAHY and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Two unrelated criminal cases present a common question concerning the application of the Sentencing Guidelines: whether drugs that were not part of the offense of which the defendant was convicted must be included in the amount used to compute the base offense score. The Ninth Circuit has held that only quantities entailed in counts of which the defendant has been convicted may be used. United...

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