U.S. v. BENJAMIN

Nos. 96-4040, 96-4064.

138 F.3d 1069 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. William BENJAMIN (96-4040), Robert N. Thompson (96-4064), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 12, 1998.


Attorney(s) appearing for the Case

Joseph R. Wilson, Asst. U.S. Attorney (argued and briefed), Office of U.S. Atty., Western Division, Toledo, OH, for United States of America.

Sam A. Eidy (argued and briefed), Toledo, OH, for William Benjamin.

Paul L. Geller (argued and briefed), Scalzo, Cherry, Geudtner & Geller, Toledo, OH, for Robert N. Thompson.

Before: NORRIS, SUHRHEINRICH, and CUDAHY, Circuit Judges.


CUDAHY, Circuit Judge.

Robert Thompson and William Benjamin pleaded guilty to a single count of conspiracy to distribute, and possess with intent to distribute, cocaine and crack in violation of 21 U.S.C. § 846. On appeal they challenge their sentences. Thompson asserts that the district court erred in determining his base offense level; Benjamin argues that the district court should have both compelled the government to make a substantial assistance motion and...

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