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U.S. v. GARDNER

No. 00-1724

238 F.3d 878 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Gardner, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 2001

Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (Argued), Office of the United States Attorney, Dyer, IN, for Plaintiff-Appellee.

Charles E. Stewart, Jr. (Argued), Crown Point, IN, for Defendant-Appellant.

Before FLAUM, Chief Circuit Judge, and MANION and EVANS, Circuit Judges.

EVANS, Circuit Judge.

Robert Gardner and a codefendant were charged with conspiracy to maintain a crack house, in violation of 21 U.S.C. § 846; with maintaining a crack house, in violation of 21 U.S.C. § 856(a)(1); and with possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). At trial, Gardner was found guilty on the first count and not guilty on the third; the second count was dismissed during the trial. At sentencing...

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