U.S. v. JOAN

No. 88-3857.

883 F.2d 491 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin Delano JOAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 25, 1989.


Attorney(s) appearing for the Case

Gregory G. Lockhart, Office of the U.S. Atty., Columbus, Ohio, for plaintiff-appellee.

Steven R. Keller, Columbus, Ohio, for defendant-appellant.

Before: KEITH and WELLFORD, Circuit Judges; and GILMORE, District Judge.


GILMORE, District Judge:

The issue in this case is whether the sentencing judge's upward departure from the Sentencing Guidelines was justified. We find that it was, and affirm.

I

On February 18, 1988, a Grand Jury for the Southern District of Ohio at Columbus returned a ten-count indictment against Franklin Delano Joan, Gary Cabble Willis, and Gayle Cordell. Count 1 charged the appellant with conspiracy to possess with intent to distribute marijuana...

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