U.S. v. AUSTIN

Nos. 00-2933, 00-3171

255 F.3d 593 (2001)

United States of America, Appellee/Cross-Appellant, v. James Zantreece Austin, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 18, 2001


Attorney(s) appearing for the Case

Jack R. Kearney, argued, Little Rock, AR, for appellant.

Kevin T. Alexander, Asst. U.S. Attorney, argued, Little Rock, AR, for appellee.

Before BOWMAN, Circuit Judge, and BOGUE and MAGNUSON, District Judges.


MAGNUSON, District Judge.

Appellant James Zantreece Austin ("Austin") pleaded guilty to three counts of delivery of more than five grams of crack cocaine, in violation of 21 U.S.C. § 841. Austin's initial plea agreement, entered into on August 14, 1998, explicitly contemplated a four-level enhancement for his role as an organizer and leader in a criminal enterprise known as the Oak Street Posse. See U.S.S.G. § 3B1.1. The District Court

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