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U.S. v. GAINES

No. 92-2383.

7 F.3d 101 (1993)

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

United States Court of Appeals, Seventh Circuit.

Decided October 7, 1993.

Attorney(s) appearing for the Case

Philip A. Guentert (argued), Office of the U.S. Atty., Crim. Div., Chicago, IL, Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee.

Kathleen T. Zellner, Michael Hemstreet, Douglas Johnson, Zellner & Associates, Naperville, IL, for defendant-appellant.

Before BAUER, CUDAHY and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

Anthony Gaines was convicted and sentenced for conspiring to possess with intent to distribute LSD, in violation of 21 U.S.C. § 841(a)(1). Gaines appeals the sentence, contesting the district court's computation of the amount of LSD involved, and the court's decision not to depart downward. We affirm the district court's calculation of the weight of the LSD, and dismiss for lack of jurisdiction the appeal of the district court's refusal...

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