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U.S. v. HOPSON

No. 93-1957.

18 F.3d 465 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Anthony HOPSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 1994.

Attorney(s) appearing for the Case

Mel S. Johnson, Asst. U.S. Atty. (argued), Milwaukee, WI, for plaintiff-appellee.

Catherine M. Canright (argued), Milwaukee, WI, for defendant-appellant.

Before COFFEY and ROVNER, Circuit Judges, and WILL, District Judge.

WILL, District Judge.

Mark Anthony Hopson was charged with conspiring to distribute cocaine. Subsequently, he pleaded guilty to this charge and was sentenced to seventy months of imprisonment. In determining Hopson's sentence, the district court increased his criminal history category, finding that his prior state misdemeanor conviction for cocaine possession was not part of the conspiracy charge. Hopson appeals this upward departure, claiming that his state conviction...

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