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U.S. v. DAVIS

No. 88-7685.

902 F.2d 860 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ruby Mae DAVIS, aka Red Ruby, Mary Helen Davis, Bobby Emanuel Ezumbia, Ralph O. Ezennia, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 4, 1990.

Attorney(s) appearing for the Case

Frank D. Cunningham, Mobile, Ala., for Ruby Mae Davis.

Neil Hanley, Mobile, Ala., for Mary Helen Davis.

Joseph M. Powers, Mobile, Ala., for Bobby Emanuel Ezumbia.

John Furman, Mobile, Ala., for Ralph O. Ezennia.

J.B. Sessions, III, U.S. Atty., Gloria A. Bedwell, Donna B. Roberts, Asst. U.S. Attys., for U.S.

Before KRAVITCH, Circuit Judge, ALDISERT and RONEY, Senior Circuit Judges.

ALDISERT, Senior Circuit Judge:

The major question for decision in these combined appeals from judgments of sentences and convictions entered upon jury verdicts is whether the court was clearly erroneous in calculating the amount of heroin involved in order to compute the applicable sentence guideline under the Sentencing Reform Act of 1984. The determination of the quantity of drugs involved in a conspiracy for the purpose of sentencing is a factual determination...

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