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U.S. v. LEE

No. 92-6229.

989 F.2d 377 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. John Wesley LEE, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 18, 1993.

Attorney(s) appearing for the Case

John H. Hancock, Norman, OK, for defendant-appellant.

Edward J. Kumiega, Asst. U.S. Atty. (Joe L. Heaton, U.S. Atty., with him on the brief), Oklahoma City, OK, for plaintiff-appellee.

Before BALDOCK and KELLY, Circuit Judges, and OWEN, District Judge.

BALDOCK, Circuit Judge.

Defendant John Wesley Lee, Jr. appeals the district court's denial of his request for an evidentiary hearing to determine whether he was entitled to a downward departure at sentencing for providing substantial assistance to the government. U.S.S.G. § 5K1.1. We have jurisdiction under 18 U.S.C. § 3742(a)(1).

Defendant entered into a plea agreement with the government which provided...

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