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  5. 770 F.Supp. 598 (1991)
 

U.S. v. BURGER

Nos. 91-40002-01, 91-40002-03.

770 F.Supp. 598 (1991)

UNITED STATES of America, Plaintiff, v. Thomas A. BURGER, James R. Cruce, Defendants.

United States District Court, D. Kansas.

July 31, 1991.

Attorney(s) appearing for the Case

Lee Thompson, U.S. Atty., Richard L. Hathaway, Asst. U.S. Atty., for U.S.

Dennis W. Moore, Overland Park, Kan., Mark L. Bennett, Jr., Glenda L. Cafer, Bennett, Dillon & Callahan, Topeka, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the motion of defendant Thomas A. Burger ("defendant Burger") and defendant James R. Cruce ("defendant Cruce"). Defendants move the court to apply the United States Sentencing Guidelines ("USSG") effective December 1988, when sentencing defendants in the above-captioned case. Defendants seek to avoid the application of two amendments which went into effect on November 1989,...

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