U.S. v. BURKE

No. 88-3179.

888 F.2d 862 (1989)

UNITED STATES of America v. Tony BURKE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 1989.


Attorney(s) appearing for the Case

G. Godwin Oyewole, Alexandria, Va., appointed by this Court, for appellant.

Jay B. Stephens, U.S. Atty., with whom John R. Fisher and Mary Ellen Abrecht, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case requires us to examine several issues relating to application of the Federal Sentencing Guidelines, reprinted in 18 U.S.C.A. App. (West Supp.1989) ("Guidelines"). Appellant Tony Burke pleaded guilty to possession of 100 grams of heroin with intent to distribute and was sentenced to 92 months of imprisonment. In fixing this sentence, the District Court added...

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