U.S. v. KUNTZ

No. 89-2182.

908 F.2d 655 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Arno KUNTZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 16, 1990.


Attorney(s) appearing for the Case

Charles Louis Roberts, El Paso, Tex., for defendant-appellant.

Rhonda P. Backinoff, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with her on the brief), Albuquerque, N.M., for plaintiff-appellee.

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


LOGAN, Circuit Judge.

In this appeal, defendant Robert Arno Kuntz challenges the constitutionality of section 5K1.1 of the federal sentencing guidelines. Defendant also alleges that the court below erred in not conducting a presentence evidentiary hearing on his claim of diminished capacity, and that he was denied effective assistance of counsel at sentencing. We uphold the challenged guidelines section and affirm the sentence.

I

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