U.S. v. ROTH

No. 90-4028.

934 F.2d 248 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Brian David ROTH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 24, 1991.


Attorney(s) appearing for the Case

Jerold D. McPhee, Salt Lake City, Utah, for defendant-appellant.

Dee V. Benson, U.S. Atty. (Bruce C. Lubeck, Asst. U.S. Atty., with him on the brief), Salt Lake City, Utah, for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and BRETT, District Judge.


LOGAN, Circuit Judge.

Defendant Brian David Roth appeals his sentence imposed following his plea of guilty to theft of government property, in violation of 18 U.S.C. § 641. On appeal, defendant argues that the district court erred in departing upward from his calculated guideline sentencing range and that he should have received credit for the time he served awaiting disposition of his case.

At the time of his arrest, defendant was a member of the United...

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