U.S. v. DYKE

Nos. 12-3057, 12-3060.

718 F.3d 1282 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Randy Jay DYKE, Defendant-Appellant, Federal Public Defender for the Offices of the Northern And Eastern Districts Of Oklahoma, Amicus Curiae. United States of America, Plaintiff-Appellee, v. Don Milton Steele, a/k/a Donald Milton Steele, Defendant-Appellant, Federal Public Defender for the Offices of the Northern and Eastern Districts of Oklahoma, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 17, 2013.


Attorney(s) appearing for the Case

Lumen N. Mulligan , Lawrence, KS, for Defendant-Appellant Randy Jay Dyke.

Jonathan Laurans , Kansas City, MI, for Defendant-Appellant Donald Milton Steele.

Tristram W. Hunt , Assistant United States Attorney, Kansas City, KS ( Barry R. Grissom , United States Attorney, Kansas City, KS, with him on the brief in Case No. 12-3057; Barry R. Grissom , United States Attorney, Kansas City, KS, James A. Brown , Assistant United States Attorney, Topeka, KS, on the brief in Case No. 12-3060) for Plaintiff-Appellee, and Lanny A. Breuer , Assistant Attorney General, John D. Buretta , Deputy Assistant Attorney General, David M. Lieberman , Attorney, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., with them on the supplemental brief for Plaintiff-Appellee.

Julia L. O'Connell , Federal Public Defender, Carl Folsom, III , Research and Writing Specialist, Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, filed an amicus brief in support of Defendants-Appellants Randy Jay Dyke and Donald Milton Steele.

Before HARTZ, ANDERSON, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

Randy Dyke and Donald Steele labored in a small time criminal ring on a Kansas farm. They got by forging checks, peddling pills, and selling marijuana. That is, until the government showed up. Undercover agents sought to convince them to expand their operations, that the road to riches lay in counterfeiting currency and manufacturing methamphetamine, and that the agents had the expertise to help make all this happen.

It didn't prove...

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