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U.S. v. EARNEST

No. 98-3020.

185 F.3d 808 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. David EARNEST, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 1999.

Attorney(s) appearing for the Case

Amanda A. Robertson (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

John P. Buckley, Juliette M. Steffe (argued), Ronald F. Labedz, Ungaretti & Harris, Chicago, IL, for Defendant-Appellant.

Before BAUER, FLAUM, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

David Earnest returns to this Court asking us to vacate his sentence and remand his case to the district court for resentencing. In 1996, a jury found Earnest guilty of conspiring to distribute and possess with intent to distribute crack cocaine and of possession with intent to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced Earnest to 420 months imprisonment on each count to be...

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