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U.S. v. SMITH

No. 90-2017.

930 F.2d 1450 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Stan SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 16, 1991.

Attorney(s) appearing for the Case

Robert J. Gorence, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Robert J. Baca, Asst. U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Before BRORBY, McWILLIAMS, Circuit Judges, and SPARR, District Judge.

BRORBY, Circuit Judge.

Defendant-appellant Stan Smith appeals the sentence imposed by the United States District Court for the District of New Mexico upon our vacation of his previous sentence and remand for resentencing in United States v. Smith, 888 F.2d 720 (10th Cir.1989), cert. denied, ___ U.S. ____, 110 S.Ct. 1786, 108 L.Ed.2d 788 (1990). Because the new sentence was imposed as a result of an incorrect application...

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