U.S. v. MADUKA

No. 95-2066.

104 F.3d 891 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Emmanuell Obi MADUKA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1997.


Attorney(s) appearing for the Case

John C. Engstrom (argued and briefed), Office of the U.S. Attorney, Detroit, MI, for plaintiff-appellee.

Edward Wishnow (argued and briefed), Birmingham, MI, for defendant-appellant.

Before: KENNEDY, JONES, and BOGGS, Circuit Judges.


KENNEDY, Circuit Judge.

Defendant appeals his sentence for distribution of heroin, arguing that the District Court misinterpreted as a matter of law United States Sentencing Commission Guideline ("U.S.S.G.") § 5C1.2 (1995) (which permits first offenders to be sentenced under the statutory minimum under certain circumstances). Defendant argues alternatively that the District Court misapplied § 5C1.2 to the facts of this case. For the following reasons, we...

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