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U.S. v. SHORTER

Nos. 94-1465 & 94-1663.

54 F.3d 1248 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John SHORTER, a/k/a Leon J. Johnson, a/k/a Larry Johnson, and Jerre Tanksley, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 1995.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (argued), Philip P. Simon, Asst. U.S. Atty., Dyer, IN, David H. Miller, Asst. U.S. Atty., Robert Gevers, Fort Wayne, IN, for U.S.

Frank J. Gray (argued), Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, IN, for John Shorter.

Michael S. O'Connell (argued), O'Connell & Ryan, Chicago, IL, for Jerre Tanksley.

Before FLAUM, RIPPLE, and GARZA, Circuit Judges.

GARZA, Circuit Judge.

John Shorter and Jerre Tanksley were convicted for offenses related to their membership in a cocaine distribution conspiracy.1 Shorter appeals both his conviction and his sentence, and Tanksley appeals his sentence. We affirm Shorter's conviction and sentence, and we vacate and remand Tanksley's sentence.

I

John Shorter and Verlyn Roux, according to Roux's testimony at trial, agreed to conduct a...

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