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U.S. v. KERR

Nos. 92-4008, 93-1004.

13 F.3d 203 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Donna KERR and Nick Muschio, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 27, 1993.

Attorney(s) appearing for the Case

R. Jeffrey Wagner, Asst. U.S. Atty., Gail Joy Hoffman (argued), Milwaukee, WI, for U.S.

John A. Birdsall (argued), Jerry H. Gonzalez, Anthony J. Deutsch, Gonzalez & Saggio, Milwaukee, WI, for Donna E. Kerr.

Jeffrey B. Steinback, Terence P. Gillespie, Leonard Goodman (argued), Andrew M. Plunkett, Genson, Steinback, Gillespie & Martin, Chicago, IL, for Nick Muschio.

Before POSNER, Chief Judge, COFFEY, Circuit Judge, and ZAGEL, District Judge.

ZAGEL, District Judge.

Nick Muschio and Donna Kerr both pleaded guilty to a charge of conspiracy to distribute cocaine. Both appeal their sentences and challenge the guideline calculation. The calculations matter. Muschio was given 220 months in custody from a range of 210-262 months. Were he to win on both issues he raises here, his sentencing range would be 151-188 months in custody. Kerr received 37 months from a range of 37-46 months. Victory on appeal could reduce...

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