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U.S. v. MITCHELL

Nos. 94-3003, 94-3016.

49 F.3d 769 (1995)

UNITED STATES of America, Appellee, v. Dennis L. MITCHELL, Appellant. UNITED STATES of America, Appellee, v. Paul B. CAMPBELL, a/k/a Soup, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 1995.

As Amended April 27, 1995.

Rehearing and Suggestion for Rehearing Denied June 7, 1995.

Attorney(s) appearing for the Case

Jonathan S. Zucker, appointed by this Court, argued the cause and filed the briefs, for appellant Mitchell.

Reita Pendry, Asst. Federal Public Defender, argued the cause, for appellant Campbell. With her on the briefs was A.J. Kramer, Federal Public Defender.

Timothy J. Heaphy, Asst. U.S. Atty., argued the cause, for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Atty., John R. Fisher, Thomas C. Black, Sharon A. Sprague, Eileen C. Mayer (on the brief), Preston Burton and Margaret M. Lawton, Asst. U.S. Attys., entered an appearance, for appellee.

Before EDWARDS, Chief Judge, WALD and HENDERSON, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied June 7, 1995.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellants Dennis Mitchell and Paul Campbell were convicted of conspiracy to possess and distribute cocaine in violation of 21 U.S.C. § 846. In addition, Campbell alone was charged with and found guilty of engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848, based on findings...

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