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U.S. v. BOOZE

No. 96-3025.

108 F.3d 378 (1997)

UNITED STATES of America, Appellee, v. Michael Jonathan BOOZE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 1997.

Rehearing Denied May 15, 1997.

Attorney(s) appearing for the Case

M. Elizabeth Kent, Washington, DC, appointed by the court, argued the cause and filed the briefs for appellant.

Steven E. Rindner, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee, with whom Eric H. Holder, Jr., U.S. Attorney, John R. Fisher, Elizabeth Trosman and William J. O'Malley, Jr., Assistant U.S. Attorneys, were on the brief.

Before: WALD, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In United States v. Anderson, 39 F.3d 331 (D.C.Cir.1994), vacated in part on other grounds, 59 F.3d 1323 (in banc), cert. denied, ___ U.S. ___, 116 S.Ct. 542, 133 L.Ed.2d 445 (1995), the court recognized that in a conspiracy, "the scope of the jointly undertaken criminal activity, and hence relevant...

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