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U.S. v. BANKS

No. 92-2956.

987 F.2d 463 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth BANKS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (argued), Ronald J. Kurpiers, Asst. U.S. Attys., Dyer, IN, for U.S.

David L. Chidester, Valparaiso, IN (argued), for Kenneth Banks.

Before CUMMINGS and FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUMMINGS, Circuit Judge.

Kenneth Banks was convicted of maintaining a crack house and sentenced to 37 months in prison. 21 U.S.C. § 856(a)(1). On appeal he argues that the proof at trial varied from the allegations in the indictment, and that the district court improperly enhanced his offense level at sentencing. We affirm both the conviction and the enhancement.

I. BACKGROUND

In October of 1991 Walter Shoulders was recruited from Detroit to...

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