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U.S. v. THOMPSON

Nos. 99-4019, 99-4074, 99-4279 to 99-4281, 99-4283, 99-4296.

286 F.3d 950 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony THOMPSON, Stephanie Johnson, Anthony D. Spradley, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 2002.

Attorney(s) appearing for the Case

Melanie C. Conour (argued), Office of the U.S. Atty., Indianapolis, IN, for Plaintiff-Appellee.

Richard L. Ford, New Palestine, IN, William H. Dazey, Jr. (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN for Defendant-Appellant in No. 99-4019.

Michael J. Donahoe (argued), Epstein & Frisch, Indianapolis, IN, for Defendant-Appellant in No. 99-4074.

Jessie A. Cook (argued), Terre Haute, IN, for Defendant-Appellant in No. 99-4279.

Jeffrey Baldwin, Baldwin & Dakich, Indianapolis, IN, William H. Dazey, Jr. (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN for Defendant-Appellant in No. 99-4280.

William H. Dazey, Jr. (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN for Defendant-Appellant in No. 99-4281.

Kent Carlson (argued), Chicago, IL, for Defendant-Appellant in No. 99-4283.

Richard S. Kling, Chicago-Kent College of Law, Chicago, IL, Jessie A Cook (argued), Terre Haute, IN, for Defendant-Appellant in No. 99-4296.

Before RIPPLE, EVANS, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

In this case, we are presented with former participants in a drug conspiracy who raise a myriad of challenges to their convictions and sentences. We affirm in all respects except we remand for the resentencing of two defendants because the district court erred by applying U.S.S.G. § 2D1.1(d)(1), the drug offense murder cross reference, to their sentences. We also, in affirming the district court, adopt the Tenth Circuit's view of waiver...

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