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U.S. v. JOHNSON

Nos. 93-3736, 93-3740.

33 F.3d 8 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis JOHNSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Darryl SHELTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1994.

Attorney(s) appearing for the Case

Gary V. Schwabe, Jr., Asst. Federal Public Defender, New Orleans, LA, (Court appointed), for appellant in No. 93-3740.

Mary Jude Darrow, Robert J. Boitmann, U.S. Attys., New Orleans, LA, for appellee in No. 93-3740.

Robert Glass, Glass & Reed, New Orleans, LA, for appellant in No. 93-3736.

Mary Jude Darrow, Asst. U.S. Atty., New Orleans, LA, for appellee in No. 93-3736.

Before POLITZ, Chief Judge, DUHÉ and BARKSDALE, Circuit Judges.

POLITZ, Chief Judge:

Convicted on guilty pleas of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846, Curtis Johnson and Darryl Shelton appeal their sentences. Concluding that the downward departure provision of the Sentencing Guidelines may have been incorrectly applied, we vacate the sentences and remand.

Background

Johnson, Shelton, and Amos Conde attempted to...

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