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U.S. v. REYNOLDS

Nos. 89-2258, 89-2430.

900 F.2d 1000 (1990)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Nick P. REYNOLDS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1990.

As Amended April 16, 1990.

Attorney(s) appearing for the Case

Joseph R. Wall, Francis D. Schmitz, Asst. U.S. Attys., Milwaukee, Wis., for plaintiff-appellee cross-appellant.

Thomas E. Brown, Marna M. Tess-Mattner, Jeffrey A. Kaufman, Gimbel, Reilly, Guerin & Brown, Milwaukee, Wis., for defendant-appellant cross-appellee.

Before BAUER, Chief Judge, and CUDAHY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

This is an appeal from the judgment in a criminal case where the sentence was imposed pursuant to the Sentencing Guidelines. Defendant Nick P. Reynolds challenges the constitutionality of § 2D1.1 of the Guidelines as applied to a conspiracy charge under 21 U.S.C. § 846. The government appeals the district court's grant of a two point reduction in offense level for acceptance of responsibility. We find the application of § 2D1.1...

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