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U.S. v. GESSA

Nos. 90-5825, 90-5903.

971 F.2d 1257 (1992)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Alberto GESSA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 7, 1992.

Attorney(s) appearing for the Case

H.H. Hester, Asst. U.S. Atty. (briefed), Ernest W. Williams, U.S. Atty., Office of the U.S. Atty., Nashville, Tenn., Sean Connelly (argued and briefed), U.S. Dept. of Justice, Civil Div., Washington, D.C., for U.S.

Charles R. Ray (argued and briefed), Bryan & Marett, Nashville, Tenn., for Gessa.

Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges; and CONTIE and KRUPANSKY, Senior Circuit Judges.

CONTIE, Senior Circuit Judge.

Defendant-appellant, Alberto Gessa, appeals his conviction and sentence for conspiracy to distribute and possess with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and for distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The United States cross-appeals from the district court's alleged misapplication of the United States Sentencing Guidelines (U.S.S.G.).

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