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U.S. v. Porter

July 15, 1991

UNITED STATES OF AMERICA, APPELLEE
v.
MARVIN PORTER, APPELLANT



Appeal from the United States District Court for the District of Delaware; (D.C. Criminal Action No. 90-00095); District Judge: Honorable Jane R. Roth.

Stapleton, Hutchinson and Higginbotham, Circuit Judges.

JUDGMENT ORDER

After consideration of the contentions raised by appellant, to wit:

(1) The district court incorrectly applied the sentencing guidelines by increasing appellant's base offense level for an additional three ounces of "crack" mentioned to the informant over the telephone; and

(2) The district court incorrectly applied the sentencing guidelines by increasing the base offense level for appellant's role in the criminal activity; it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.

19910715

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