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U.S. v. THOMAS

No. 88-2418.

884 F.2d 540 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. John William THOMAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 5, 1989.

Attorney(s) appearing for the Case

Michael W. Lilley, of Lilley & Macias, P.A., Las Cruces, N.M., for defendant-appellant.

William L. Lutz, U.S. Atty., and Larry Gomez, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Before McKAY, TACHA, and EBEL, Circuit Judges.

TACHA, Circuit Judge.

This is an appeal from a sentence imposed by the United States District Court for the District of New Mexico, applying the Sentencing Guidelines, 18 U.S.C. app. §§ 1B1.1-7A1.4 (guidelines). The issue on appeal is whether the guidelines violate the due process clause of the fifth amendment. With respect to the arguments raised in this appeal we hold that they do not and affirm.1

John William Thomas...

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