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U.S. v. CLOUTIER

No. 91-1435.

966 F.2d 24 (1992)

UNITED STATES, Appellee, v. William CLOUTIER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 9, 1992.

Attorney(s) appearing for the Case

Daniel S. Tarlow with whom Richard D. Glovsky and Glovsky & Associates, Boston, Mass., were on brief for appellant.

Michael Kendall, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief for appellee.

Before TORRUELLA, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

The defendant-appellant, William Cloutier, pled guilty to conspiracy to possess with intent to distribute marijuana and cocaine, in violation of 21 U.S.C. § 846, and engaging in a continuing criminal enterprise ("CCE"), in violation of 21 U.S.C. § 848. The district court sentenced Cloutier under the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines"). It merged the two convictions into one and applied the higher...

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