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U.S. v. FINK

Nos. 06-1313, 06-1346.

499 F.3d 81 (2007)

UNITED STATES of America, Appellee, Cross-Appellant, v. Scott FINK, Defendant, Appellant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided August 16, 2007.

Attorney(s) appearing for the Case

Charles W. Rankin, with whom Michelle Menken and Rankin & Sultan, were on brief, for appellant.

William D. Weinreb, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before TORRUELLA and LYNCH, Circuit Judges, and FUSTÉ, District Judge.

FUSTE, District Judge.

The issues in this case surround the sentencing of Scott Fink for conspiracy to distribute cocaine under 21 U.S.C. § 846 (1999 & Supp.2007). Fink's participation in the crime was revealed when the government wiretapped a co-conspirator's phone beginning May 28, 2003. The wiretaps evidenced Fink's involvement from that date until July 13, 2003, when Fink was arrested for violating probation in an unrelated case. On December 3, 2003,...

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