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U.S. v. FULLER

No. 90-1299.

936 F.2d 621 (1991)

UNITED STATES, Appellee, v. Jonathan FULLER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 20, 1991.

Attorney(s) appearing for the Case

Sharon L. Beckman, by appointment of the Court, with whom Silverglate & Good was on brief, Boston, Mass., for defendant, appellant.

Margaret D. McGaughey, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., and James L. McCarthy, Asst. U.S. Atty., were on brief, Bangor, Me., for appellee.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

Jonathan Fuller appeals from a 95 month prison sentence for possessing LSD with intent to distribute it. The Supreme Court recently considered and rejected Fuller's first appellate claim — namely that the sentencing court must calculate Fuller's Guideline sentence on the basis of the weight of the chemical LSD alone, not the weight of the LSD plus the blotter paper carrier-medium. See Chapman v. United States, ___ U.S. ___...

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