UNITED STATES of America, Plaintiff-Appellee,
v.
Brett L. HENDERSON (98-4087), David Nelms (98-4369), Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Submitted: March 8, 2000.
Decided and Filed: March 23, 2000.
Attorney(s) appearing for the Case
Terry Lehmann, Office of the U.S. Attorney, Cincinnati, OH, Robyn Jones (briefed), Office of the Attorney, Columbus, OH, for Plaintiff-Appellee in No. 98-4087.
Robyn R. Jones (briefed), Office of the U.S. Attorney, Columbus, OH, for Plaintiff-Appellee in No. 98-4369.
Kevin M. Schad, Schad, Buda & Cook, Jeffrey M. Brandt, Brandt Law Offices, Cincinnati, OH, Brian E. Goldberg (briefed), Huntington, New York, for Defendant-Appellant in No. 98-4087.
William K. Fulmer, II (briefed), Erlanger, KY, for Defendant-Appellant in No. 98-4369.
Before: WELLFORD, SILER, and GILMAN, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
GILMAN, Circuit Judge.
Brett Henderson and David Nelms pled guilty to conspiring to import cocaine in violation of 21 U.S.C. § 963. Both are appealing their sentences, claiming that their criminal history categories overstate the seriousness of their past conduct. Because of this, they argue that the district court erred when it denied their motions for a downward departure from the United States Sentencing...
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