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U.S. v. NICHOLS

No. 91-5581.

979 F.2d 402 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth O. NICHOLS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 6, 1992.

Rehearing and Rehearing Denied February 16, 1993.

Attorney(s) appearing for the Case

Steven H. Cook, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Knoxville, Tenn. and Jerry G. Cunningham, U.S. Atty., Office of the U.S. Atty., Chattanooga, Tenn., for plaintiff-appellee.

William B. Carter (argued and briefed), Carter, Mabee & Paris, Chattanooga, Tenn., for defendant-appellant.

Before: JONES and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 16, 1993.

NATHANIEL R. JONES, Circuit Judge.

Defendant, Kenneth O. Nichols, challenges the sentence imposed under the sentencing guidelines upon his guilty plea to conspiracy to distribute cocaine. A majority of the court has concluded that the sentence must be affirmed. For reasons stated in Part II of the following opinion, I would vacate Nichols' sentence and remand for resentencing.

I

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