U.S. v. EVANS

No. 92-6256.

985 F.2d 497 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Harlen Ray EVANS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 1993.


Attorney(s) appearing for the Case

Jerome T. Kearney (June E. Tyhurst, Asst. Federal Public Defender, was on the brief), Asst. Federal Public Defender, for defendant-appellant.

Joe Heaton (M. Jay Farber, Asst. U.S. Atty., Oklahoma City, OK, was with him on the brief), U.S. Atty., for plaintiff-appellee.

Before TACHA and BALDOCK, Circuit Judges, and SAFFELS, Senior District Judge.


TACHA, Circuit Judge.

Defendant-appellant Harlen Ray Evans appeals from a sentence imposed by the district court after he pleaded guilty to one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). We exercise jurisdiction pursuant to 18 U.S.C. § 3742 and affirm in part, reverse in part, and remand for resentencing.

On March 2, 1992, Special Agent Michael Ricker ("Agent Ricker") of the Drug Enforcement...

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