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U.S. v. PURYEAR

No. 90-5115.

940 F.2d 602 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Terry L. PURYEAR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 2, 1991.

Attorney(s) appearing for the Case

Stephen J. Greubel, Asst. Federal Public Defender, Tulsa, Okl., for defendant-appellant Puryear.

James L. Swartz, Asst. U.S. Atty., Tulsa, Okl. (Tony M. Graham, U.S. Atty., with him on the brief), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, BRIGHT, Senior Circuit Judge, and SEYMOUR, Circuit Judge.

BRIGHT, Senior Circuit Judge.

Terry L. Puryear appeals his felony sentence for possession of cocaine base under 21 U.S.C. § 844(a) (1988) (amended 1990). Puryear contends that the court wrongly sentenced him for a felony because the jury convicted him only of a misdemeanor. We agree with Puryear and thus reverse and remand for resentencing.

I.

The Government indicted Puryear for three drug trafficking...

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