No. 00-3680.

265 F.3d 532 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas J. SUMNER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 2001.

Attorney(s) appearing for the Case

J. Christopher Moore (argued), Amanda A. Robertson, Office of the U.S. Atty., Benton, IL, for Plaintiff-Appellee.

Eric M. Schwing (argued), Office of the Fed. Public Defender, Springfield, IL, Richard H. Parsons, Office of the Fed. Public Defender, Peoria, IL, for Defendants-Appellants.

Before COFFEY, ROVNER and DIANE P. WOOD, Circuit Judges.

ROVNER, Circuit Judge.

Thomas J. Sumner pled guilty to three counts of distributing cocaine, in violation of 21 U.S.C. § 841(a)(1). Although Sumner was charged with distributing a total of 9.4 grams of powder cocaine (which is equivalent under the Sentencing Guidelines to 1.88 kilograms of marijuana), the district court sentenced him based on an additional distribution of 57.6 grams (about two ounces) of crack cocaine, under the relevant conduct provision of...

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