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U.S. v. BAUER

No. 92-1101.

995 F.2d 182 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Scot Phillip BAUER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 9, 1993.

Attorney(s) appearing for the Case

Richard A. Westfall (Thomas P. Johnson, with him on the briefs), of Davis, Graham & Stubbs, Denver, CO, for defendant-appellant.

James R. Allison (Michael J. Norton, U.S. Atty., with him on the brief), Asst. U.S. Atty., Denver, CO, for plaintiff-appellee.

Before SEYMOUR, BARRETT, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Mr. Bauer appeals a district court order sentencing him to 121 months imprisonment and three years supervised release. Bauer was tried by a jury and convicted on two counts of using interstate commerce facilities with intent that a murder be committed for hire in violation of 18 U.S.C. § 1958. On appeal, he argues that the district court erred in (1) declining to depart downward from the guidelines and (2) adjusting his offense level upward...

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