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U.S. v. KOHLBACH

Nos. 93-2495, 93-2531, 93-2550 and 93-2564.

38 F.3d 832 (1994)

UNITED STATES of America, Plaintiff-Appellant (93-2495/2531), Cross-Appellee, v. Friedrich R. "Fred" KOHLBACH, Defendant-Appellee, Edward B. CROUSE, Defendant-Appellee, Cross-Appellant (93-2550), James R. MARSHALL, Defendant-Appellant (93-2564).

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1994.

Rehearing and Suggestion for Rehearing Denied December 14, 1994.

Attorney(s) appearing for the Case

Brian K. Delaney (argued and briefed), Office of the U.S. Atty., Grand Rapids, MI, Jay I. Bratt (argued and briefed), U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Charles S. Rominger, Jr. (argued and briefed), Grand Rapids, MI, for Friedrich R. Kohlbach.

David A. Dodge (argued and briefed), Grand Rapids, MI, for Edward B. Crouse.

Craig W. Haehnel (argued and briefed), Grand Rapids, MI, for James R. Marshall.

Before: KEITH, BOGGS, and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 14, 1994 in Nos. 93-2531, 93-2550, 93-2564.

BOGGS, Circuit Judge.

Defendants Kohlbach, Crouse, and Marshall pleaded guilty to federal charges arising from a conspiracy to produce and introduce into interstate commerce adulterated "orange juice made from concentrate." The government appeals from the sentences imposed on Kohlbach and Crouse, claiming that they were lighter than mandated by the United...

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