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U.S. v. BUDD

Nos. 93-3081, 93-3086.

23 F.3d 442 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Earl BUDD, Jr., a/k/a Earline, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Earl BUDD, Jr., a/k/a Earline, Defendant-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1994.

Attorney(s) appearing for the Case

William J. Garber, Fairfax, VA (appointed by the Court) argued the cause and filed the briefs for appellee/cross-appellant.

Robert T. Swanson, Asst. U.S. Atty., Washington, DC, argued the cause for appellant/cross-appellee. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., and John R. Fisher, Roy W. McLeese, III and Lynn Leibovitz, Asst. U.S. Attys., Washington, DC.

Before WALD, EDWARDS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellee and cross-appellant Earl Budd was convicted after a jury trial of one count of distributing cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988), and two counts of using a communication facility to facilitate the distribution of a controlled substance, in violation of 21 U.S.C. § 843(b) (1988). The district court sentenced Budd to 78 months in prison. On appeal, the...

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