U.S. v. DIAZ

Nos. 00-2188, 00-2317.

296 F.3d 680 (2002)

UNITED STATES of America, Appellee, v. Fortino E. DIAZ, Appellant. United States of America, Appellee, v. Robert R. Lohr, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2002.


Attorney(s) appearing for the Case

Steven M. Press, argued, Minneapolis, MN, for appellant Fortino E. Diaz.

Lisa L. Peralta, argued, Minneapolis, MN, for appellant Robert Lohr.

Michael L. Cheever, argued, Minneapolis, MN, for appellee.

Before WOLLMAN, Chief Judge, McMILLIAN, BOWMAN, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, and RILEY, Circuit Judges.


WOLLMAN, Chief Judge.

Fortino Diaz and Robert Lohr (Lohr) appeal their sentences that resulted from their convictions of various crimes committed in furtherance of a conspiracy to distribute cocaine and methamphetamine. A panel of this court originally affirmed the sentences, but we granted rehearing en banc in order to resolve an apparent conflict among our cases. We now reinstate the panel opinion.

I.

Diaz and Lohr were indicted and tried along...

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