No. 91-2243.

971 F.2d 597 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Lynette CARTER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 31, 1992.

Attorney(s) appearing for the Case

David Williams, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., and Presiliano A. Torrez, Asst. U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Charles R. Finley of Warner & Finley, Albuquerque, N.M., for defendant-appellant.

Before ANDERSON, Circuit Judge, and McWILLIAMS and SNEED, Senior Circuit Judges.

McWILLIAMS, Senior Circuit Judge.

Lynette Carter was charged in a one-count indictment with possession with intent to distribute less than 50 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(D). Carter and the United States Attorney later presented to the district court a memorandum of understanding wherein Carter agreed to plead guilty to the charge, and Carter and the government agreed to certain stipulations which both recognized...

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