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U.S. v. FISCHER

No. 89-2064.

905 F.2d 140 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Cary Lewis FISCHER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 1990.

Attorney(s) appearing for the Case

Grant C. Johnson, Asst. U.S. Atty., Office of the U.S. Atty., Madison, Wis., for plaintiff-appellee.

Cary L. Fischer, Sandstone, Minn., pro se.

Richard L. Zaffiro, Appleton, Wis., for defendant-appellant.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and WILL, Senior District Judge.

PER CURIAM.

Fischer was indicted for and pleaded guilty to the distribution of 1/8 oz. of cocaine, the same amount he delivered hand-to-hand to the undercover agent. However, his presentence report — prepared by the Probation Office from information supplied by the Assistant U.S. Attorney — mentioned quantities of 8 to 10 ounces per week. Fischer disputed the accuracy of that report and, as required by Fed.R.Cr.P. 32(c)(3)(D), the district judge held...

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