No. 02-3042.

329 F.3d 184 (2003)

UNITED STATES of America, Appellee, v. Gregorio HINDS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 2003.

Attorney(s) appearing for the Case

Howard B. Katzoff, appointed by the court, argued the cause and filed the brief for appellant.

Mary G. Leary, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Thomas J. Tourish, Jr., Thomas C. Taylor, and Roderick L. Thomas, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Defendant Gregorio Hinds contends that the district court erred in refusing to exclude a quantity of crack cocaine from the relevant conduct used to calculate his sentence under the United States Sentencing Guidelines (U.S.S.G.). We conclude that the provision of the guidelines upon which Hinds relies, Application Note 12 to U.S.S.G. § 2D1.1, is inapplicable, and reject his...

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