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UNITED STATES v. THURBER

No. 82-1208.

709 F.2d 632 (1983)

The UNITED STATES of America, Plaintiff-Appellee, v. Lester James THURBER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 10, 1983.

Attorney(s) appearing for the Case

Kenneth E. Holmes of Phipps, Johnson, Holmes & Hermanson, Ponca City, Okl. (Robert J. Scott, Pawnee, Okl., on brief), for defendant-appellant.

Nancy A. Nesbitt, Asst. U.S. Atty., N.D. Okl., Tulsa, Okl. (Frank Keating, U.S. Atty., Tulsa, Okl., with her on brief), for plaintiff-appellee.

Before HOLLOWAY, McWILLIAMS and SEYMOUR, Circuit Judges.

McWILLIAMS, Circuit Judge.

Lester James Thurber pleaded guilty to a one-count information charging him under 18 U.S.C. § 371 with conspiracy to violate 18 U.S.C. § 1341 and 26 U.S.C. § 7201. He was sentenced to a term of eighteen months imprisonment. From such sentence, Thurber appeals. Shortly after notice of appeal was filed, Thurber filed with the trial court a motion to reduce sentence under Fed.R. Crim.P. 35. An evidentiary hearing was held on...

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