UNITED STATES v. EARNEST

No. 97-1222.

129 F.3d 906 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. David EARNEST, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 14, 1997.


Attorney(s) appearing for the Case

Amanda A. Robertson (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee.

Patricia Littleton (argued), Carbondale, IL, for Defendant-Appellant.

Before CUMMINGS, FLAUM and KANNE, Circuit Judges.


CUMMINGS, Circuit Judge.

On July 11, 1996, defendant David Earnest was convicted by a jury of conspiracy to distribute and possess with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 846 and possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). On January 23, 1997, defendant was sentenced by the Honorable J. Phil Gilbert to 420 months imprisonment. Defendant appeals, claiming (1) that...

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