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U.S. v. BACKAS

No. 89-6109.

901 F.2d 1528 (1990)

UNITED STATES of America Plaintiff-Appellee, v. Ken Roy BACKAS a/k/a James Smith, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 27, 1990.

Attorney(s) appearing for the Case

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

James F. Robinson, Asst. U.S. Atty. for the W.D. Okl., Oklahoma City, Okl. (Timothy D. Leonard, U.S. Atty. for the W.D. Okl., with him on the brief), for plaintiff-appellee.

Before McKAY, SEYMOUR and MOORE, Circuit Judges.

McKAY, Circuit Judge.

This appeal challenges only the sentence imposed after a plea of guilty to drug distribution charges. After evidentiary hearing, the court concluded that defendant was at "least a supervisor or a manager" and imposed a corresponding enhancement factor pursuant to United States Sentencing Commission, Guidelines Manual, § 3B1.1(c) (Nov.1989) ("Guidelines"). Record, vol. 3, at 27. Defendant makes a three-fold attack on the application...

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