U.S. v. HOFFER

No. 96-4354.

129 F.3d 1196 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Lee W. HOFFER, M.D., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 21, 1997.


Attorney(s) appearing for the Case

William A. Keefer, U.S. Attorney, Debra E. Herzog, Asst. U.S. Atty., Ft. Lauderdale, FL, Dawn Bowen, Harriet R. Galvin, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellant.

J. David Bogenschutz, Bogenschutz & Dutko, P.A., Ft. Lauderdale, FL, Myles H. Malman, Malman & Weinberg, North Miami, FL, for Defendant-Appellee.

Before ANDERSON, DUBINA and CARNES, Circuit Judges.


CARNES, Circuit Judge:

The defendant, Lee Hoffer, pleaded guilty to violating 21 U.S.C. § 846 by conspiring to dispense controlled substances in violation of 21 U.S.C. § 841(a)(1), and to tampering with a witness in violation of 18 U.S.C. § 1512. After a sentencing hearing, the district court determined that Hoffer had an adjusted offense level of thirty-one and a criminal history category of I, which under the United States Sentencing Guidelines resulted...

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