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U.S. v. KINDER

No. 816, Docket 94-1333.

64 F.3d 757 (1995)

UNITED STATES of America, Appellee, v. Gregory Alan KINDER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 16, 1995.

Attorney(s) appearing for the Case

Marybeth McCaffrey, Sessions Keiner Dumont & Barnes, P.C., Middlebury, VT (Bonnie Barnes, Sessions Keiner Dumont & Barnes, P.C., on the brief), for defendant-appellant.

William B. Darrow, Asst. U.S. Atty., Burlington, VT (Charles R. Tetzlaff, U.S. Atty. for the D. of VT, David V. Kirby, Chief, Crim. Div., on the brief), for appellee.

Before: VAN GRAAFEILAND, WINTER, and LEVAL, Circuit Judges.

WINTER, Circuit Judge:

This appeal involves the question of whether an amendment to the United States Sentencing Guidelines altering the method for determining the relevant weight of LSD for Guidelines purposes also alters the method for determining whether a mandatory minimum sentence applies under 21 U.S.C. § 841(b). We hold that it does not.

Gregory Kinder pleaded guilty to distributing LSD. In May 1993, Kinder was sentenced to 120 months of imprisonment...

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