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U.S. v. FERGUSON

Nos. 91-3866, 91-3954, 91-3955.

23 F.3d 135 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight FERGUSON (91-3866); Dexter Thompson (91-3955); and Robert L. Shackelford (91-3954), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1994.

Attorney(s) appearing for the Case

David A. Sierleja (argued and briefed), Office of the U.S. Atty., Cleveland, OH, for U.S.

John B. Gibbons (argued and briefed), Daniel T. Todt & Associates, Cleveland, OH, for Dwight Ferguson.

Donald Krosin (argued and briefed), Federal Public Defender's Office, Cleveland, OH, for Robert L. Shackelford.

Henry F. DeBaggis (argued and briefed), Cleveland, OH, for Dexter B. Thompson.

Before: KEITH, MARTIN and DAUGHTREY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Dwight Ferguson, Dexter Thompson, and Robert L. Shackelford were convicted by a jury of conspiring to distribute and distributing cocaine and cocaine base. Raising numerous grounds, they appeal their convictions and the sentences imposed by the district court. We affirm the defendants' convictions, but reverse the sentences of Ferguson and Shackelford.

I

This prosecution grew out of an undercover investigation...

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