U.S. v. KINDER

Nos. 90-8579, 90-8580.

946 F.2d 362 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Larry KINDER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David KINDER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 21, 1991.


Attorney(s) appearing for the Case

Linda Gassaway, Waco, Tex. (Court-appointed), for defendants-appellants.

LeRoy Morgan Jahn, Asst. U.S. Atty., San Antonio, Tex., John A. Phinizy, Asst. U.S. Atty., Waco, Tex., for plaintiff-appellee in No. 90-8579.

LeRoy Morgan Jahn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., John A. Phinizy, Asst. U.S. Atty., Waco, Tex., for plaintiff-appellee in No. 90-8580.

Before THORNBERRY, DAVIS, and WIENER, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

David and Larry Kinder appeal their guilty pleas and sentences for conspiring to possess methamphetamine with intent to distribute. Because both appellants were sentenced under the harsher of two overlapping penalty provisions, we remand so the district court may resentence according to the rule of lenity. We affirm the district court on all other issues.

I.

In February 1990...

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