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U.S. v. BARRY

No. 88-2578.

895 F.2d 702 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight Steven BARRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 1990.

Attorney(s) appearing for the Case

Charles Szekely, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., was also on the brief), for defendant-appellant.

Benjamin L. Burgess, Jr., U.S. Atty., Topeka, Kan. (Kurt J. Shernuk, Asst. U.S. Atty., Topeka, Kan., was also on the brief), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR and MOORE, Circuit Judges.

HOLLOWAY, Chief Judge.

I.

Appellant Dwight Steven Barry was charged in two counts of a Five Count Indictment. On July 25, 1988, appellant pleaded guilty to Count 5 of the indictment charging him with violating 21 U.S.C. § 846, attemped possession of cocaine with intent to distribute. In return for appellant's plea of guilty to Count 5 of the indictment, the government dismissed Count 1 of the indictment at the time of sentencing. The government also...

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