U.S. v. BARNES

Nos. 11-1261, 11-1602.

660 F.3d 1000 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Marlyn J. BARNES and Melvin B. Taylor, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 2011.


Attorney(s) appearing for the Case

Tina L. Nommay (argued), Attorney, Office of the United States Attorney, Fort Wayne, IN, for Plaintiff-Appellee.

Christopher G. Ward (argued), Attorney, Foley & Lardner, LLP, Chicago, IL, for Defendant-Appellant in No. 11-1261.

Stanley L. Campbell (argued), Attorney, Fort Wayne, IN, for Defendant-Appellant in No. 11-1602.

Before FLAUM, KANNE, and HAMILTON, Circuit Judges.


FLAUM, Circuit Judge.

Upon re-sentencing, a district court judge respectively sentenced Marlyn Barnes and Melvin Taylor to 292 months and 188 months of imprisonment for conspiring to possess with intent to distribute more than five kilograms of cocaine. In a successive appeal before this Court, Barnes and Taylor challenge those sentences. They argue that, in light of the Supreme Court's recent decision in Pepper v. United States, ___ U.S. ___,

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