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U.S. v. LEE

No. 90-2944.

941 F.2d 571 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. LEE, also known as Robert A. Coleman, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 1991.

Attorney(s) appearing for the Case

Robert Haida, Asst. U.S. Atty., Criminal Division, East St. Louis, Ill., Laura J. Jones, Asst. U.S. Atty. (argued), Benton, Ill., for plaintiff-appellee.

George Ripplinger (argued), Ripplinger, Dixon & Johnston, Belleville, Ill., for defendant-appellant.

Before CUMMINGS, POSNER, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Robert Aaron Lee pleaded guilty to conspiracy to distribute a substance containing cocaine in violation of 21 U.S.C. § 846. In calculating Lee's sentence under the Sentencing Guidelines, the district court added two points to Lee's criminal history category pursuant to § 4A1.1(d) because it found that Lee had committed the offense while under a "criminal justice sentence." The only issue in this appeal is whether the court erred in...

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