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U.S. v. GARCIA

No. 90-1323.

925 F.2d 170 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Adan GARCIA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 1991.

Attorney(s) appearing for the Case

Deborah Janowski, (Law Student), Patrick Hansen, Asst. U.S. Atty., Office of the U.S. Atty., Hammond, Ind., for plaintiff-appellee.

Thomas M. Dawson, Leavenworth, Kan., Robert D. Rucker, CC, East Chicago, Ind., Michael Dick, Leavenworth, Kan., for defendant-appellant.

Before EASTERBROOK, MANION, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Adan Garcia contests the length of his 60 month sentence for drug dealing. First he argues that the base level of the offense was too high because the weight of the marijuana seized was incorrectly determined — that is, it should have been dried before being weighed. Second, Garcia claims that the loaded 9mm handgun found secreted in the cushions of a couch in his home where marijuana was seized did not justify an upward adjustment of...

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