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U.S. v. MONDAINE

No. 90-3282.

956 F.2d 939 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony MONDAINE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 10, 1992.

Attorney(s) appearing for the Case

David J. Phillips, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender with him, on the brief), Kansas City, Kan., for defendant-appellant.

Robert S. Streepy, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with him, on the brief), Kansas City, Kan., for plaintiff-appellee.

Before SEYMOUR and EBEL, Circuit Judges, and MATSCH, District Judge.

SEYMOUR, Circuit Judge.

Anthony Mondaine appeals the district court's calculation of his sentence for distribution of cocaine. Mondaine was charged in two counts of a three-count indictment. Count one alleged that on March 1, 1989, Gregory Payton distributed cocaine base in violation of 21 U.S.C. § 841(a)(1) (1988); count two charged Payton and Mondaine with distributing cocaine base on April 7, 1989; and count three alleged that Mondaine distributed cocaine...

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