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U.S. v. LARSEN

Nos. 89-8031, 89-8032.

904 F.2d 562 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Charles H. LARSEN and Faye L. Brennan, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 4, 1990.

Attorney(s) appearing for the Case

Susan L. Foreman, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, Colo., for defendants-appellants.

Charles H. Larsen and Faye L. Brennan, also filed a brief pro se.

Maynard D. Grant, Sp. Asst., U.S. Atty. (Richard A. Stacy, U.S. Atty., and John R. Green, Asst. U.S. Atty., with him on the brief), D.Wyo., Cheyenne, Wyo., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and LOGAN and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

Defendants, Charles H. Larsen and Faye L. Brennan, appeal the district court's denial of their motions pursuant to Fed.R.Crim.P. 35(a), to correct the sentences imposed upon them. Both defendants pleaded guilty in federal court to single counts of distribution of lysergic acid diethylamide (LSD), in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2. Both were sentenced under 21 U.S.C. § 841(b)(1)(B)(v), which requires a five-year...

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