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U.S. v. CROWELL

Nos. 92-10493, 92-10495 and 92-10611.

9 F.3d 1452 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Shirley F. CROWELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alan JULIAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lora G. HORNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1993.

Attorney(s) appearing for the Case

John E. Stevens, Paul V. Rood, Asst. U.S. Attys., Phoenix, AZ, for plaintiff-appellee.

Joseph E. Abodeely, Phoenix, AZ, for defendant-appellant Crowell.

Sandra Lynn Slaton, Phoenix, AZ, for defendant-appellant Julian.

Robert A. Wertsching, Phoenix, AZ, for defendant-appellant Horner.

Before: TANG, TROTT and FERNANDEZ, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

Shirley F. Crowell, Alan Julian and Lora G. Horner appeal from the sentences imposed upon them after their convictions of conspiracy and possession with intent to distribute dilaudid, a prescription drug which contains hydromorphone, a Schedule II controlled substance. 21 U.S.C. §§ 841(a), 846. The single question we address in this opinion is whether the district court shall use the gross weight of the dilaudid...

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