LEE v. U.S.

No. 96-3323.

113 F.3d 73 (1997)

Percy LEE, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 30, 1997.


Attorney(s) appearing for the Case

Catherine M. Canright (argued), Milwaukee, WI, for Petitioner-Appellee.

Mel S. Johnson (argued), Office of the United States Attorney, Milwaukee, WI, for Respondent-Appellant.

Before CUDAHY, DIANE P. WOOD, and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

This is yet another case raising issues in the wake of Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472, decided by the Supreme Court on December 6, 1995. We consider today an appeal by the government.

On October 1, 1992, Percy Lee and 14 coconspirators were indicted in a 23-count indictment. Lee was charged in two of the counts: count 1, being a member of a cocaine distribution conspiracy in violation...

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