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U.S. v. GARCIA

No. 94-5216.

78 F.3d 1457 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose A. GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 22, 1996.

Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender, Denver, CO (Michael Gordon Katz, Federal Public Defender, with her on the briefs) for Defendant/Appellant.

Catherine Depew Hart, Assistant United States Attorney, of Tulsa, OK (Stephen C. Lewis, United States Attorney and Neal Kirkpatrick, Assistant United States Attorney, of Tulsa, OK, with her on the brief) for Plaintiff/Appellee.

Before EBEL, HOLLOWAY, and KELLY, Circuit Judges.

EBEL, Circuit Judge.

As stated by the government, this case involves "one of the few times that [the judicial process] sort of breaks down into a nonadversarial system." After pleading guilty to distribution of cocaine, the district court sentenced Defendant Jose A. Garcia to 72 months imprisonment over the objections of both Defendant's attorney and the prosecuting attorney, who together sought a lower sentence. Defendant...

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