U.S. v. LEVY

Nos. 89-5980, 89-6099.

904 F.2d 1026 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald LEVY (89-5980) and Calvin Black (89-6099), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 25, 1990.

Rehearing Denied June 25, 1990.


Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Timothy R. DiScenza, Asst. U.S. Atty., John Fowlkes, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Memphis, Tenn., for U.S.

April R. Ferguson, Asst. Federal Public Defender (argued), Memphis, Tenn., for Gerald Levy and Calvin Black.

Before KEITH and MILBURN, Circuit Judges; and WOODS, District Judge.


Rehearing Denied in No. 89-6099 June 25, 1990.

MILBURN, Circuit Judge.

Defendants-appellants Gerald Levy and Calvin Black appeal their convictions and sentences for aiding and abetting one another in the possession with intent to distribute approximately eighteen grams of cocaine base (crack), in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. For the reasons that follow, we affirm.

I.

On January 25, 1989, officers Mark Dunbar...

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