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U.S. v. KIPP

No. 92-30302.

10 F.3d 1463 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Dean KIPP, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 2, 1993.

Attorney(s) appearing for the Case

Robert J. Vermillian, Smith, Walsh, Clarke & Gregoire, Great Falls, MT, for defendant-appellant.

Kris A. McLean, Asst. U.S. Atty., Helena, MT, for plaintiff-appellee.

Before: CANBY, and REINHARDT, Circuit Judges, and TASHIMA, District Judge.

TASHIMA, District Judge:

Dean Kipp appeals his sentence after pleading guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Kipp contends the district court erred by: (1) including the quantity of drugs he possessed for personal use in the calculation of his base offense level; (2) awarding him two criminal history points under U.S.S.G. § 4A1.1(d); and (3) denying him a downward adjustment for a minor or minimal...

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