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U.S. v. ANGEL

Nos. 02-3320, 02-3321.

355 F.3d 462 (2004)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Alfonso G. ANGEL, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2004.

Attorney(s) appearing for the Case

Joseph R. Wilson (briefed), Assistant United States Attorney, Toledo, OH, Jeffrey P. Singdahlsen (argued), Monica S. Abrams (briefed), United States Department of Justice, Criminal Division, Appellate Section, for Appellee.

Susan M. Damplo (argued and briefed), Ardsley, NY, for Appellant.

Before: KEITH, DAUGHTREY, and GILMAN, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. KEITH, J. (pp. 479-485), delivered a separate opinion concurring in part and dissenting in part.

OPINION

GILMAN, Circuit Judge.

A jury convicted Alfonso Angel of conspiring to both possess and distribute cocaine and marijuana, all in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced Angel to...

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