No. 88-6115.

887 F.2d 104 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Sammy Lee SMITH, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 28, 1989.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Lawrence J. Laurenzi, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Memphis, Tenn., for the U.S., plaintiff-appellant.

April R. Ferguson, Asst. Federal Public Defender (argued), Office of the Federal Public Defender, Memphis, Tenn., for Sammy Lee Smith, defendant-appellee.

Before GUY and RYAN, Circuit Judges, and DOWD, District Judge.

RYAN, Circuit Judge.

This appeal presents a narrow question concerning application of the federal sentencing guidelines: whether in determining the sentencing range for a drug conviction based on criminal acts committed between November 1, 1987, the effective date of the sentencing guidelines, and January 15, 1988, the effective date of amendments to the guidelines, the district court should have considered drug quantities...


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