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U.S. v. YATES

No. 92-6049.

990 F.2d 1179 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Hall YATES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 17, 1993.

Attorney(s) appearing for the Case

Peter J. Madden, Madden & Soto, Mobile, AL, for defendant-appellant.

Richard H. Loftin, Asst. U.S. Atty., Mobile, AL, for plaintiff-appellee.

Before DUBINA, Circuit Judge, CLARK and ESCHBACH, Senior Circuit Judges.

PER CURIAM:

The issue presented in this appeal is whether a defendant's role as the supplier of drugs to the head of an extensive retail distribution conspiracy is alone sufficient to render him a "leader or organizer" of the group under section 3B1.1(a) of the United States Sentencing Guidelines ("U.S.S.G."). We hold that the district court erred as a matter of law and fact in finding that it was sufficient. Accordingly, we vacate the defendant's sentence and remand...

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