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U.S. v. BYERLEY

Nos. 94-1598, 94-2310.

46 F.3d 694 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph BYERLEY, Defendant-Appellee. In the Matter of UNITED STATES of America, Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 1995.

Attorney(s) appearing for the Case

David H. Miller, Asst. U.S. Atty. (argued), Tina Nommay, Asst. U.S. Atty., Fort Wayne, IN, for U.S.

Richard L. Rosenbaum (argued), Michael J. Entin, Fort Lauderdale, FL, for Joseph Byerley.

Before BRIGHT, BAUER and COFFEY, Circuit Judges.

BAUER, Circuit Judge.

The United States seeks review of the district court's reduction of defendant Joseph Byerley's sentence from a term of 151 months' imprisonment to a term of sixty months' imprisonment. We affirm the reduction of Byerley's sentence and decline to issue a writ of mandamus.

I.

Byerley was convicted by a jury of one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. The indictment charged that the length...

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