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U.S. v. BRUNING

No. 89-6425.

914 F.2d 212 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert James BRUNING, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 12, 1990.

Attorney(s) appearing for the Case

June E. Tyhurst, Asst. Federal Public Defender, Oklahoma City, Okl., for defendant-appellant.

Timothy D. Leonard, U.S. Atty., and John E. Green, First Asst. U.S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Before McKAY, TACHA, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Defendant Robert Bruning appeals his sentence under U.S.S.G. section 2B5.1(b)(2) for passing counterfeit notes. We affirm.1

Bruning pleaded guilty to one count of knowingly passing counterfeit $100 United States Reserve Notes in violation of 18 U.S.C. section 472. At the sentencing hearing the district court expressly found by a preponderance of the evidence that the defendant was in possession of a color...

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