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U.S. v. RICE

No. 96-2351.

116 F.3d 267 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip RICE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 1997.

Rehearing Denied July 7, 1997.

Attorney(s) appearing for the Case

Fannie J. Harris (argued), Thomas Edward Leggans, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for plaintiff-appellee.

Patrick W. Fitzgerald (argued), Alton, IL, for defendant-appellant.

Before CUMMINGS, WOOD, JR. and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

We deferred consideration of this appeal until the Supreme Court decided United States v. LaBonte, ___ U.S. ___, 117 S.Ct. 1673, 137 L.Ed.2d 1001 (1997). Now that each side has filed a memorandum addressing the effect of that case, this appeal is ready for decision.

On the day set for trial, Rice pleaded guilty to a cocaine offense. His record of convictions makes him a career offender...

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