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U.S. v. ADIPIETRO

Nos. 92-1776, 92-1791 and 92-2667.

983 F.2d 1468 (1993)

UNITED STATES of America, Appellee, v. Frank ADIPIETRO, Appellant. UNITED STATES of America, Appellee, v. Vincent AURICCHIO, Appellant. UNITED STATES of America, Appellee, v. Ruben O. SANCHEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1993.

Rehearing Denied March 12, 1993.

Attorney(s) appearing for the Case

Linda S. Sheffield, Atlanta, GA, argued, for Adipietro.

Steven Mahler, Kew Gardens, NY, argued, for Auricchio.

Cenobio Lozano, Harrisonville, MO, argued, for Sanchez.

Barry Levine, Mineola, NY, Charles E. Atwell, Susan M. Hunt, Kansas City, MO, and Perry S. Reich, Lindehurst, NY, on the brief.

Charles E. Ambrose, Kansas City, MO, argued, for appellee.

Before WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges and BATTEY District Judge.

BATTEY, District Judge.

Frank Adipietro, Vincent Auricchio, and Ruben O. Sanchez and others were charged under a superseding indictment with conspiracy to distribute and to possess with intent to distribute a controlled substance (marijuana), a violation of 21 U.S.C. § 846.

Appellant Frank Adipietro (Adipietro) argues that his conviction should be remanded for resentencing because: (1) the district court1 erred in calculating...

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