No. 89-1527.

896 F.2d 1031 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1990.

Attorney(s) appearing for the Case

Richard S. Murray, Asst. U.S. Atty., Donald A. Davis, Asst. U.S. Atty., argued, Grand Rapids, Mich., for plaintiff-appellee.

Anthony J. Valentine, argued, Grand Rapids, Mich., for defendant-appellant.

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

KENNEDY, Circuit Judge.

Appellant Michael Rodriguez appeals his sentence for conspiracy to distribute marijuana. Rodriguez pled guilty but reserved the right to challenge the quantity of marijuana involved, a controlling factor under the Sentencing Guidelines. He claims the District Court erred by placing on him the burden of proof with regard to contested facts at sentencing and by incorrectly applying the Guideline provision governing attempts and conspiracies....

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