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U.S. v. OCCHIPINTI

Nos. 92-3179, 92-3184, 92-3185 and 92-3192.

998 F.2d 791 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Frank James OCCHIPINTI, Jr., Austin Michael Suttles, Timothy James Spence, Tina Marie Swab, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 6, 1993.

Attorney(s) appearing for the Case

David C. Voss, Topeka, KS, for defendant-appellant Frank James Occhipinti, Jr.

Marilyn M. Trubey (Charles D. Anderson, Federal Public Defender, with her on the brief), Branch Chief, Federal Public Defender's Office, Topeka, KS, for defendant-appellant Austin Michael Suttles.

Allan A. Hazlett, Topeka, KS, for defendant-appellant Timothy James Spence.

Matthew B. Works, of Works, Works, & Works, P.A., Topeka, KS, for defendant-appellant Tina Marie Swab.

Richard L. Hathaway (Lee Thompson, U.S. Atty., and Gregory G. Hough, Asst. U.S. Atty., Topeka, KS, on the briefs), Asst. U.S. Atty., Topeka, KS, for plaintiff-appellee.

Before SEYMOUR, ANDERSON, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Defendants Frank James Occhipinti, Jr., Austin Michael Suttles, Timothy James Spence, and Tina Marie Swab appeal their convictions and sentences for offenses arising out of their participation in an illegal marijuana farm located in Anderson County, Kansas.1 We exercise jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and affirm.

I. BACKGROUND

On the morning of June 24, 1991, Officer...

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