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U.S. v. JOHNSON

No. 01-2937.

318 F.3d 821 (2003)

UNITED STATES of America, Appellee, v. Melroy JOHNSON, Sr., Appellant. United States of America, Appellant, v. Melroy Johnson, Sr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2003.

Attorney(s) appearing for the Case

Frank Cosgrove, argued, Sioux City, IA, for appellant/cross-appellee.

Robert L.Teig, Asst. U.S. Atty., argued, Cedar Rapids, IA (Peter E. Deegan, Asst. U.S. Atty., Cedar Rapids, IA, on the brief), for appellee/cross-appellant.

Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges.

WOLLMAN, Circuit Judge.

Melroy Johnson, Sr. appeals his conviction on two counts of possession with intent to distribute cocaine base and one count of distribution of cocaine base, violations of 21 U.S.C. § 841(a)(1). The government cross-appeals from the five-year downward departure the district court granted based on Johnson's physical condition. We affirm the convictions and reverse and remand for resentencing.

I.

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