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U.S. v. PROWS

Nos. 05-4164, 05-4242.

448 F.3d 1223 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Darrell Dean PROWS, also known as Darrell D. Prows, also known as D. Dean Prows, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Darrell Dean Prows, also known as Darrell D. Prows, also known as D. Dean Prows, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 1, 2006.

Attorney(s) appearing for the Case

Darrell D. Prows, filed a brief pro se.

Madeline S. Cohen, Assistant Federal Public Defender, Denver, CO and Scott Keith Wilson, Assistant Federal Public Defender, Salt Lake City, UT (Raymond P. Moore, Federal Public Defender, Denver, CO, and Steven B. Killpack, Federal Public Defender, Salt Lake City, UH with them on the briefs), for Defendant.

Andrew A. Vogt and Suneeta Hazra, Assistant United States Attorneys (William J. Leone, United States Attorney, with them on the briefs), Denver, CO, for Plaintiff.

Before TACHA, Chief Judge, BALDOCK and KELLY, Circuit Judges.

KELLY, Circuit Judge.

We have consolidated these appeals for both argument and disposition. In 05-4164, the government appeals the sentence imposed upon Defendant-Appellee Darrell Dean Prows following Mr. Prows' conviction by a jury on two counts of mail fraud under 18 U.S.C. § 1341. The district court sentenced Mr. Prows to forty-one months imprisonment, but stayed execution of that sentence, and instead placed him on five years probation. The district court...

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