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  5. 936 F.2d 1292 (1991)
 

U.S. v. CABALLERO

Nos. 90-3129, 90-3156.

936 F.2d 1292 (1991)

UNITED STATES of America, Appellee, v. Jose Antonio CABALLERO, Appellant. UNITED STATES of America, Appellant, v. Jose Antonio CABALLERO, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1991.

Attorney(s) appearing for the Case

Paul T. Cappuccio (appointed by the Court), with whom Richard A. Cordray, was on the brief, for appellant in 90-3129 and appellee in 90-3156.

Philip S. Kushner, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black and John M. Seabright, Asst. U.S. Attys., were on the brief, for appellee in 90-3129 and appellant in 90-3156. Helen M. Bollwerk, Asst. U.S. Atty., also entered an appearance for the U.S.

Before SILBERMAN, BUCKLEY and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

Jose Antonio Caballero was convicted of possession with intent to distribute over fifty grams of cocaine base in violation of 21 U.S.C. § 841(a). In sentencing Caballero, the trial court determined that he was a "minor" participant in the crime within the meaning of the United States Sentencing Guidelines (Guidelines) and imposed the most lenient available sentence —...

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