U.S. v. MILLER

No. 94-8143.

71 F.3d 813 (1996)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Kelsey Pierre MILLER, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 2, 1996.


Attorney(s) appearing for the Case

Howard J. Manchel, Atlanta, GA, for appellant.

Kent B. Alexander, John S. Davis, Asst. U.S. Attys., Atlanta, GA, for appellee.

Before TJOFLAT, Chief Judge, and DYER and GARTH, Senior Circuit Judges.


DYER, Senior Circuit Judge:

Appellant Kelsey Miller challenges his conviction for conspiracy to possess with intent to distribute cocaine base (crack) in violation of 21 U.S.C. § 846. On appeal, Miller argues his post-trial motion for judgment of acquittal should have been granted because the government failed to prove predisposition after he raised the defense of entrapment. The government cross-appeals the sentence, contending the district court erred in departing...

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