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U.S. v. GIBBS

Nos. 96-3383 to 96-3388, 96-3402.

174 F.3d 762 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony GIBBS (96-3383); Richard Hough (96-3384); Donneto Berry (96-3385); Chad Gibbs (96-3386); Robert Curtis (96-3387); Lamont Needum (96-3388); Antwan Woods (96-3402), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1999.

Attorney(s) appearing for the Case

David J. Graeff (argued and briefed), Columbus, Ohio, for Defendant-Appellant Anthony Gibbs.

Spiros P. Cocoves (argued and briefed), Toledo, Ohio, for Defendant-Appellant Richard Hough.

Stephen R. Felson (argued and briefed), Felson & Felson, Cincinnati, Ohio, for Defendant-Appellant Donneto Berry.

Kevin P. Durkin (argued and briefed), Durkin & Brown, Columbus, Ohio, for Defendant-Appellant Chad Gibbs.

W. Kelly Johnson, Assistant Federal Public Defender, Cincinnati, Ohio, Beth G. Lewis (argued and briefed), Office of the Federal Public Defender, Dayton, Ohio, for Defendant-Appellant Robert Curtis.

Joseph D. Reed (argued and briefed), Columbus, Ohio, for Defendant-Appellant Lamont Needum.

Dennis C. Belli (argued and briefed), Columbus, Ohio, for Defendant-Appellant Antwan Woods.

Terry Lehman (briefed), Office of the U.S. Attorney, Cincinnati, Ohio, Salvador A. Dominguez (briefed), Office of the U.S. Attorney, Columbus, Ohio, Joseph C. Wyderko (argued and briefed), Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

Before: MERRITT and MOORE, Circuit Judges, and DUGGAN, District Judge.

OPINION

MOORE, Circuit Judge.

These seven defendants were all indicted under a single conspiracy count and individual drug and firearm counts. The government alleged that each of the defendants was a member of a group known as the Short North Posse, a group allegedly formed in 1989 in the Short North area of Columbus, Ohio to control local sales of cocaine base by excluding from the area drug dealers who were not residents of the Short North. A jury convicted...

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