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U.S. v. PEREZ

No. 88-3409.

871 F.2d 45 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo PEREZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

Kathleen Brinkman, Asst. U.S. Atty. (argued), Cincinnati, Ohio, for U.S.

Martin S. Pinales (argued), Cincinnati, Ohio, for Alfredo Perez.

Before KEITH, MARTIN and RYAN, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Alfredo Perez appeals (1) the district court's denial of his motion to strike and/or declare a mistrial for the testimony of a witness referring partially to a drug related incident prior to the time period listed in the indictment; (2) the refusal of the district court to declare the sentencing guidelines unconstitutional; and (3) the placement by district court of Perez in category 30 under the sentencing guidelines and charging...

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