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U.S. v. McCLESKEY

No. 98-4341.

228 F.3d 640 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Richard McCLESKEY, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2000.

Attorney(s) appearing for the Case

Michael B. Cohen (argued and briefed), Chicago, Illinois, for Defendant-Appellant.

Margaret Mary Quinn (argued and briefed), Assistant U.S. Attorney, Dayton, Ohio, for Plaintiff-Appellee.

Before: RYAN and BOGGS, Circuit Judges; DUGGAN, District Judge.

RYAN, J., delivered the opinion of the court. DUGGAN, D.J. (pp. 645-46), delivered a separate concurring opinion. BOGGS, J. (pp. 646-47), delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

Defendant Donald Richard McCleskey, Jr., was convicted and sentenced for conspiracy to possess with intent to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. § 846; use of a telephonic device in the commission...

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