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  5. 982 F.2d 1241 (1993)
 

U.S. v. ROGERS

Nos. 92-1857, 92-2217.

982 F.2d 1241 (1993)

UNITED STATES of America, Appellee, v. Randall ROGERS, Appellant. UNITED STATES of America, Appellee, v. Scott J. PHILIPP, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1993.

Rehearing and Rehearing Denied February 15, 1993.

Attorney(s) appearing for the Case

Richard J. Linnerooth, Fargo, ND, argued for Randall Rogers.

Monty G. Mertz, Fargo, ND, argued, for Scott Phillip.

Dennis D. Fisher, Asst. U.S. Atty., Fargo, ND, argued (Keith W. Reisenauer, Asst. U.S. Atty., on the brief), for U.S.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN, Circuit Judge, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 15, 1993 in No. 92-2217.

WOLLMAN, Circuit Judge.

Randall Rogers and Scott J. Philipp appeal from their respective convictions and sentences for conspiracy to possess with intent to distribute and distribute LSD in violation of 21 U.S.C. § 846. With respect to Rogers, we affirm both his conviction and his sentence. We affirm Philipp's conviction, but we vacate his sentence and remand for resentencing.

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