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U.S. v. DAVIS

No. 05-10754.

478 F.3d 266 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Shannon DeWayne DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2007.

Attorney(s) appearing for the Case

Delonia Anita Watson (argued), John Preston Bradford, Asst. U.S. Atty., Fort Worth, TX, for U.S.

Christopher Allen Curtis (argued), Fort Worth, TX, for Davis.

Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Shannon DeWayne Davis pleaded guilty to distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1) and appeals the sentence imposed. The question before us is the quantity for which Davis can be held accountable for sentencing purposes. We conclude that, under section 2D1.1 of the United States Sentencing Guidelines, for purposes of calculating the advisory sentencing range, quantities of a non-controlled substance should not be included...

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