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U.S. v. BARTH

Nos. 92-2152, 92-2180.

990 F.2d 422 (1993)

UNITED STATES of America, Appellant/Cross-appellee, v. Michael Floyd BARTH, Appellee/Cross-appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 6, 1993.

Rehearing and Rehearing Denied May 25, 1993.

Attorney(s) appearing for the Case

Jeffrey S. Paulsen, Minneapolis, MN, argued, for appellant/cross-appellee.

Michael McGlennen, Minneapolis, MN, argued, for appellee/cross-appellant.

Before McMILLIAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied May 25, 1993.

McMILLIAN, Circuit Judge.

The United States appeals from the district court's downward departure from the applicable sentencing guidelines range in sentencing Michael Floyd Barth. 18 U.S.C. § 3742(b). Barth was found guilty by a jury of six counts of distribution of crack cocaine, in violation of 21 U.S.C. § 841(a)(1), and one count of possession with intent to distribute crack cocaine, in violation...

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