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U.S. v. GAITHER

Nos. 92-3222, 92-3246.

1 F.3d 1040 (1993)

UNITED STATES of America, Plaintiff-Appellant and Cross-Appellee, v. Allan Glenn GAITHER, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

July 23, 1993.

Attorney(s) appearing for the Case

Kristina L. Ament (Lee Thompson, U.S. Atty., and Kim M. Fowler, Asst. U.S. Atty., Wichita, KS, with her on the brief), Dept. of Justice, Washington, DC for plaintiff-appellant and cross-appellee.

Cyd Gilman, Asst. Federal Public Defender, Wichita, KS, for defendant-appellee and cross-appellant.

Before BALDOCK, McWILLIAMS, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Allan Gaither pled guilty to uttering counterfeit $20 bills in violation of 18 U.S.C.A. § 472 (West 1988). The district court's decision to depart from the Sentencing Guidelines based upon Mr. Gaither's post-offense drug rehabilitation is appealed by the Government and Mr. Gaither cross-appeals the increase in his base offense level for manufacturing the bills.

I. Background.

Mr. Gaither was arrested at a Wichita nightclub...

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