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U.S. v. SIMS

Nos. 91-1363 to 91-1366, 91-1384, 91-1476, 91-1478, 91-1479 and 91-1488.

975 F.2d 1225 (1992)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant (91-1476/1478/1479/1488), v. Patrick SIMS (91-1363/1476); Duane Felder (91-1364/1478); Jacques Gardner (91-1365/1488); Christopher Russell (91-1366/1479), Defendants-Appellants, Cross-Appellees, Quintin Burt (91-1384), Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1992.

Rehearing and Rehearing Denied November 12, 1992.

Attorney(s) appearing for the Case

Kathleen Moro Nesi, Asst. U.S. Atty. (argued and briefed), Amy B. Hartmann, Office of the U.S. Atty., Detroit, Mich., for U.S.

Timothy P. Murphy (briefed), Detroit, Mich., for Patrick Sims.

Ted C. Farmer (briefed), Detroit, Mich., for Duane Felder.

Joan E. Morgan (argued and briefed), Detroit, Mich., for Jacques Gardner.

Arthur Jay Weiss (argued and briefed), Law Offices of Arthur Jay Weiss & Associates, Farmington Hills, Mich., for Christopher Russell.

Ronald McDuffie (argued and briefed), Hatchett, Dewalt, Hatchett & Hall, Pontiac, Mich., for Quintin Burt.

Before RYAN, BOGGS, and BATCHELDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 12, 1992.

BATCHELDER, Circuit Judge.

This case involves cross-appeals of the government and five defendants. In the district court, all five defendants were convicted of conspiracy to possess cocaine with the intent to distribute and of various firearms violations, including separate violations of 18 U.S.C. § 924(c) for use of machine guns and use of non-machine guns. After the trial, the district court...

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