U.S. v. TODD

Nos. 89-2262, 89-2345.

920 F.2d 399 (1990)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Lawrence Douglas TODD, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1990.


Attorney(s) appearing for the Case

Michael Hluchaniuk, Asst. U.S. Atty. (argued), Bay City, Mich., for plaintiff-appellee cross-appellant.

Richard L. Lee, Jr. (argued), Midland, Mich., for defendant-appellant cross-appellee.

Before KENNEDY and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.


KENNEDY, Circuit Judge.

Defendant Lawrence Todd ("defendant") was tried on October 17, 1988, for conspiracy to distribute and to possess with intent to distribute cocaine and marijuana in violation of 21 U.S.C. § 846. This proceeding, however, resulted in a mistrial. In a second trial, a jury found defendant guilty. The District Court departed downward from the federal sentencing guidelines when it sentenced defendant. Both parties appeal.

Defendant raises...

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