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U.S. v. LAZARCHIK

No. 90-3111.

924 F.2d 211 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Robert LAZARCHIK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

William M. Kent, Asst. FPD, Jacksonville, Fla., for defendant-appellant.

Stephen M. Kunz, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge:

Defendant-appellant Robert Lazarchik pled guilty to two counts of distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(1). The district court found that the applicable guidelines range was 63 to 78 months and sentenced defendant to 71 months. Defendant appeals, arguing that the district court erred in using the gross weight of the drugs sold to calculate the base offense level under the sentencing guidelines...

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