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U.S. v. CARUTH

No. 90-2079.

930 F.2d 811 (1991)

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

United States Court of Appeals, Tenth Circuit.

April 16, 1991.

Attorney(s) appearing for the Case

Larry Gomez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Mary Y.C. Han, Albuquerque, N.M., for defendant-appellant.

Before McKAY, ANDERSON, Circuit Judges, and BROWN, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

David Caruth entered a plea of guilty and was convicted of possession with intent to distribute more than 50 kilograms of marijuana and aiding and abetting in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court imposed a sentence of 27 months' imprisonment pursuant to the Sentencing Guidelines based upon an adjusted offense level of 18 and a criminal history category of I which established a Guideline...

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