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U.S. v. FOUNTAIN

No. 99-3857NI.

223 F.3d 927 (2000)

UNITED STATES of America, Appellee, v. Ivy Nelson FOUNTAIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2000.

Rehearing and Rehearing Denied October 19, 2000.

Attorney(s) appearing for the Case

JoAnne Lilledahl, Cedar Rapids, IA, argued, for appellant.

Patrick J. Reinert, Asst. U.S. Atty., Cedar Rapids, IA, argued (Daniel C. Tvedt, on the brief), for appellee.

Before RICHARD S. ARNOLD and HEANEY, Circuit Judges, and MAGNUSON, District Judge.

Rehearing and Rehearing En Banc Denied October 19, 2000.

RICHARD S. ARNOLD, Circuit Judge.

The defendant, Ivy Nelson Fountain, was convicted of two counts of distribution of cocaine base within 1000 feet of a school in violation of 21 U.S.C. §§ 841(a)(1) and 860(a). At the sentencing hearing, the defendant claimed that he had provided substantial assistance to the government, and moved for a downward departure from the Sentencing Guidelines pursuant...

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