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U.S. v. DAVIS

No. 89-6519.

919 F.2d 1181 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip S. DAVIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., Curtis L. Collier, Steven H. Cook, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Chattanooga, Tenn., for plaintiff-appellee.

Bobby Lee Cook, Cook & Palmour, Summerville, Ga., Jake Arbes (argued), Atlanta, Ga., for defendant-appellant.

Before NATHANIEL R. JONES and NELSON, Circuit Judges, and SILER, Chief District Judge.

DAVID A. NELSON, Circuit Judge.

This is a drug conspiracy case in which the defendant is appealing a 14-year sentence of imprisonment. The district court (Edgar, J.) set the sentence at the low end of the sentencing guideline range, as computed by the court. The defendant contends, among other things, that the range was miscalculated because, in determining the quantity of drugs involved in the conspiracy, the court relied on an out-of-court statement made by the...

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