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U.S. v. McGHEE

No. 88-5878.

882 F.2d 1095 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Sammy Don McGHEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 18, 1989.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty. and Steven H. Cook, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Chattanooga, Tenn., for the U.S., plaintiff-appellee.

Jerry H. Summers (argued), Summers, McCrea & Wyatt, Chattanooga, Tenn., for Sammy Don McGhee, defendant-appellant.

Before MERRITT and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a sentence imposed under the new sentencing guidelines following the appellant's conviction on charges involving the possession and distribution of cocaine and phencyclidine (PCP). The appellant's sentence was enhanced by two levels under § 2D1.1(b) of the guidelines because of his possession of firearms during the commission of the offenses. The commentary to this section of the guidelines states that "...

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