U.S. v. BARTON

No. 90-2670.

949 F.2d 968 (1991)

UNITED STATES of America, Appellee, v. Kevin Rene BARTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1991.


Attorney(s) appearing for the Case

John T. Yarbrough, St. Louis, Mo., for appellant.

Michael Fagan, St. Louis, Mo., argued (Stephen B. Higgins, Michael K. Fagan and Sam C. Bertolet, on brief), for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and BEAM, Circuit Judge.


BEAM, Circuit Judge.

The district court calculated Kevin Rene Barton's base offense level by adding the amount of drugs involved in his offense of conviction, which occurred in 1989, with the amount of drugs involved in a conviction in 1983. The district court calculated the offense level in this way after determining that Barton's offense of conviction and his 1983 offense were part of the "same course of conduct" under section 1B1.3(a)(2) of the guidelines. Barton...

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