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U.S. v. THORNTON

No. 03-3113, 03-3393.

367 F.3d 971 (2004)

UNITED STATES of America, Appellee, v. James THORNTON, Appellant. United States of America, Appellee, v. Herbert Thornton, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2004.

Rehearing and Rehearing Denied June 22, 2004.

Attorney(s) appearing for the Case

Jack S. Dusthimer, argued, Davenport, IA, for appellant James Thornton.

Alfred E. Willett, argued, Cedar Rapids, IA, for appellant Herbert Thornton.

Joel W. Barrows, Asst. U.S. Atty., argued, Rock Island, IL, for appellee.

Before MURPHY and FAGG, Circuit Judges, and GOLDBERG, Judge of the United States Court of International Trade.

Rehearing and Rehearing En Banc Denied June 22, 2004.

FAGG, Circuit Judge.

After brothers James and Herbert Thornton sold cocaine base to an undercover agent several times, the Government charged them with drug crimes. James pleaded guilty to the conspiracy charge and agreed to cooperate against Herbert. At James's sentencing, the district court** denied his motion for a downward departure...

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