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U.S. v. SMITH

Nos. 93-3265, 93-3738.

34 F.3d 514 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Michael A. SMITH, and Kwabene D. German, a/k/a Kwabene Gibson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1994.

Rehearing and Suggestion for Rehearing Denied October 6, 1994.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty., Dyer, IN (argued), for U.S.

David L. Chidester, Valparaiso, IN (argued), for Michael A. Smith.

Joan Kouros, Kouros & Kouros, Schererville, IN (argued), for Kwabene D. German aka Kwabene Gibson.

Before ESCHBACH, FLAUM and RIPPLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 6, 1994.

RIPPLE, Circuit Judge.

Michael Smith and Kwabene German were each convicted of multiple federal drug violations. Both defendants now appeal. For the reasons that follow, we affirm Mr. Smith's conviction and sentence; but we affirm in part and reverse in part Mr. German's conviction and remand his case to the district court for resentencing.

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