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U.S. v. McQUILKIN

No. 95-2092.

97 F.3d 723 (1996)

UNITED STATES of America v. Robert McQUILKIN, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 15, 1996.

Attorney(s) appearing for the Case

Robert J. Donatoni (argued), Goldberg, Evans, Malcolm, Donatoni & Rohlfs, West Chester, PA, for Appellant.

Emily McKillip (argued), Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before SCIRICA and ROTH, Circuit Judges and RESTANI, Judge, Court of International Trade.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal Robert McQuilkin challenges his sentence. We will affirm.

I.

Between March 1994 and July 1994, Robert McQuilkin sold methamphetamine. All sales took place within 1,000 feet of St. Francis Xavier, a parochial elementary school in Philadelphia.1

A jury found McQuilkin guilty of conspiracy to distribute methamphetamine (21 U.S.C. § 846); distribution...

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