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U.S. v. CROSS

Nos. 96-5218, 96-5219.

121 F.3d 234 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Chaston CROSS (96-5218); Perry Thomas (96-5219), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 29, 1997.

Attorney(s) appearing for the Case

Wayne A. Rich, Jr. (argued and briefed), Office of the U.S. Attorney, Chattanooga, TN, for Plaintiff-Appellee.

Jimmy F. Rodgers, Jr. (argued & briefed), Jerry H. Summers (briefed), Summers, McCrea & Wyatt, Chattanooga, TN, for Defendant-Appellant Chaston L. Cross.

Lloyd A. Levitt (argued and briefed), Phillips & Caputo, Chattanooga, TN, for Defendant-Appellant Perry Thomas.

Before: ENGEL, MERRITT, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Defendants-Appellants Perry Thomas and Chaston Cross appeal prison sentences entered pursuant to guilty pleas. For the reasons stated below, we affirm Thomas's sentence but vacate Cross's sentence and remand for resentencing.

I. FACTS

This rather gruesome case has its origins in a cocaine-selling operation that Thomas, Cross, and co-defendant Tonda Wright conducted out of Wright's apartment in early 1995. On...

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