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U.S. v. GESSA

Nos. 90-5825, 90-5903.

944 F.2d 265 (1991)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Alberto GESSA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1991.

Rehearing Granted, Opinion Vacated November 8, 1991.

Attorney(s) appearing for the Case

Joe B. Brown, U.S. Atty., H.H. Hester, Asst. U.S. Atty. (argued and briefed), Office of U.S. Atty., Nashville, Tenn., for plaintiff-appellee, cross-appellant.

Charles R. Ray (argued and briefed), Bryan & Marett, Nashville, Tenn., for defendant-appellant, cross-appellee.

Before KRUPANSKY and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

Rehearing En Banc Granted, Opinion Vacated November 8, 1991.

KRUPANSKY, Circuit Judge.

Defendant Alberto Gessa (Gessa) appealed his conviction and sentence on one conspiracy and one substantive count of cocaine distribution. The United States cross-appealed from the district court's alleged misapplication of the sentencing guidelines.

Following Gessa's conviction by jury on both counts, the district court on June 13, 1990 sentenced him to serve 96...

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