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U.S. v. KINGSTON

Nos. 90-5192, 90-5193.

922 F.2d 1234 (1990)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. John KINGSTON, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1990.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., Steven H. Cook, Asst. U.S. Atty. (argued), Chattanooga, Tenn., for plaintiff-appellee cross-appellant.

Jeff Dolhancyk, Anderson & Bridges, Marvin Berke (argued), Berke, Berke & Berke, Chattanooga, Tenn., for defendant-appellant cross-appellee.

Before MILBURN, BOGGS and SUHRHEINRICH, Circuit Judges.

BOGGS, Circuit Judge.

John Kingston pled guilty to one count of violating 21 U.S.C. § 841(d), possession of a "listed chemical" with the intent to manufacture and distribute a controlled substance. The United States appeals from the district court's decisions that Kingston was a "minor participant" in the crime within the meaning of the Guidelines, thus giving Kingston a two-level reduction in his offense level, and from the court's exclusion of a conviction...

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