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U.S. v. PIPPIN

No. 89-4002.

903 F.2d 1478 (1990)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Jerry R. PIPPIN, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

Claude H. Tison, Jr., MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for defendant-appellant, cross-appellee.

John J. Powers, III, U.S. Dept. of Justice, Antitrust Div., Washington, D.C., for plaintiff-appellee, cross-appellant.

Before JOHNSON, Circuit Judge, HILL and HENLEY, Senior Circuit Judges.

HENLEY, Senior Circuit Judge:

Both the defendant, Jerry Pippin, and the government appeal the sentence given Mr. Pippin for rigging bids in violation of section one of the Sherman Act, 15 U.S.C. § 1 (1988). The parties agree that the district court erroneously applied the Sentencing Guidelines but disagree on what sentences can be imposed under the Guidelines on remand. The defendant also questions whether the Guidelines are applicable to this case, arguing that...

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