U.S. v. SULLIVAN

Nos. 91-7046, 91-7047.

967 F.2d 370 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Russell SULLIVAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mary Ann SULLIVAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 12, 1992.


Attorney(s) appearing for the Case

Craig Bryant, Asst. Federal Public Defender, Tulsa, Okl., for defendant-appellant in No. 91-7046.

Peter Goldberger, Philadelphia, Pa., for defendant-appellant in No. 91-7047.

Sean Connelly, Dept. of Justice, Washington, D.C. (John Raley, U.S. Atty., and Sheldon J. Sperling, Asst. U.S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before McKAY, Chief Judge, EBEL, Circuit Judge, and KANE, District Judge.


EBEL, Circuit Judge.

Russell and Mary Ann Sullivan raise two issues challenging the legality of the sentences imposed on them for their role in a drug trafficking enterprise. First, was amphetamine improperly reclassified as a Schedule II controlled substance in 1971? Second, were the appellants' sentences vindictive, disparate, or improperly calculated?1 We answer both questions in the negative...

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