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U.S. v. WADE

No. 96-3938.

114 F.3d 103 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Larryl Jerome WADE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1997.

Attorney(s) appearing for the Case

W. Charles Grace, James L. Porter (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Renee E. Schooley (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before COFFEY, FLAUM, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

After pleading guilty to three counts of distributing cocaine base in violation of 21 U.S.C. § 841(a)(1), Larryl Jerome Wade received a sentence of 145 months' imprisonment. On this appeal, Wade challenges his sentence on three grounds, claiming that (1) he should not have been sentenced under U.S.S.G. § 2D1.1(c), because the government failed to prove by a preponderance of the evidence that the substance at issue was "crack...

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