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U.S. v. FOUNTAIN

Nos. 95-2264/2374.

83 F.3d 946 (1996)

UNITED STATES of America, Cross-Appellant/Appellee, v. Ivy Nelson FOUNTAIN, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 1, 1996.

Rehearing and Suggestion for Rehearing Denied June 14, 1996.

Attorney(s) appearing for the Case

Paul J. Papak, Asst. Public Defender (argued), for Appellant/Cross-Appellee.

Robert Lee Tieg, Asst. U.S. Atty., argued (Daniel C. Tvedt, Asst. U.S. Atty., on the brief), for Appellee/Cross-Appellant.

Before McMILLIAN and BEAM, Circuit Judges, and PERRY, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied June 14, 1996.

BEAM, Circuit Judge.

Ivy Nelson Fountain appeals his conviction for two counts of knowingly distributing cocaine base within 1000 feet of a school in violation of 21 U.S.C. §§ 841(a)(1) and 860(a). The government cross appeals Fountain's sentence, challenging the district court's application of Amendment 506 to the United States Sentencing Guidelines (USSG or Guidelines) section...

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