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U.S. v. COLBERT

No. 89-6094.

894 F.2d 373 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Johnnie Lamart COLBERT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 29, 1990.

Attorney(s) appearing for the Case

William P. Earley, Asst. Federal Public Defender, Oklahoma City, Okl., for defendant-appellant.

Robert E. Mydans, U.S. Atty. for W.D. Okl. (James F. Robinson, Asst. U.S. Atty., with him on the brief), for plaintiff-appellee.

Before McKAY and SETH, Circuit Judges, and CONWAY, District Judge.

McKAY, Circuit Judge.

Defendant pled guilty to conspiracy to distribute cocaine base. The statutory penalty for that offense is a term of imprisonment which may not be less than ten years nor more than life. 21 U.S.C. §§ 846, 841(b)(1)(A)(iii). He was sentenced pursuant to the Sentencing Reform Act of 1984. Comprehensive Crime Control Act of 1984, Pub.L.No. 98-473 §§ 211-39, 98 Stat. 1837, 1987-2040 (1985) ("the guidelines"). The application of...

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