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U.S. v. BRUMBAUGH

No. 89-3625.

909 F.2d 289 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Wesley BRUMBAUGH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1990.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty., Hammond, Ind., Rick L. Jancha, Asst. U.S. Atty., South Bend, Ind., for plaintiff-appellee.

Kenneth Hays, Weisman & Associates, South Bend, Ind., for defendant-appellant.

Before CUDAHY, FLAUM, and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Defendant-appellant Wesley Brumbaugh pleaded guilty in the district court to conspiracy to acquire and distribute controlled substances. Prior to the sentencing hearing, Mr. Brumbaugh filed a motion for credit for time served. He argued that the district court should award him credit for time spent in state custody on his state conviction of obtaining a controlled substance by fraud. Mr. Brumbaugh argued that failure to award him credit for...

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