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U.S. v. HARPER

Nos. 99-6543, 99-6485.

246 F.3d 520 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. David HARPER (99-6485) and Juan Garcia (99-6543), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2001.

Attorney(s) appearing for the Case

ARGUED: Hugh B. Ward, Jr., ASSISTANT UNITED STATES ATTORNEY, Knoxville, TN, for United States in No. 99-6485.

Audrey L. Harper, HARPER, TOLLISON & BURKE, McMinniville, TN for David L. Harper in No. 99-6485.

ON BRIEF: Hugh B. Ward, Jr., ASSISTANT UNITED STATES ATTORNEY, Knoxville, TN, for United States in Nos. 99-6485, 99-6543.

Audrey L. Harper, HARPER, TOLLISON & BURKE, McMinniville, TN, for David L. Harper in No. 99-6485.

James H. Varner, Jr., ESHBAUGH, SIMPSON, VARNER & WATERS, Knoxville, TN, for Juan Garcia in No. 99-6543.

Juan Garcia, Estill, SC, pro se in No. 99-6543.

Before: DAUGHTREY and MOORE, Circuit Judges; CARR, District Judge.

Argued (99-6485) and Submitted (99-6543): December 1, 2000.

Pursuant to Sixth Circuit Rule 206

OPINION

MOORE, Circuit Judge.

David Harper ("Harper") and Juan Garcia ("Garcia"), co-defendants, appeal their sentences imposed by the district court following their convictions, Harper for a drug offense in violation of 21 U.S.C. § 846, Garcia for drug offenses in violation of 21 U.S.C. §§ 841(a)(1) and 846 and witness tampering...

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