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U.S. v. MASSEY

No. 92-3409.

997 F.2d 823 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Don MASSEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 1, 1993.

Attorney(s) appearing for the Case

Lee Thompson, U.S. Atty., and Thomas G. Luedke, Asst. U.S. Atty., Topeka, KS, for plaintiff-appellee.

Charles D. Anderson, Federal Public Defender, and Marilyn M. Trubey, Branch Chief, Federal Public Defender's Office for the District of Kansas, Topeka, KS, for defendant-appellant.

Before McKAY, Chief Judge, and LOGAN and EBEL, Circuit Judges.

LOGAN, Circuit Judge.

Pursuant to a plea agreement, defendant Joe Don Massey pleaded guilty to possession of phenylacetone (P2P) with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On appeal he contests only his sentence, challenging the government's failure to file a motion requesting a downward departure based upon defendant's cooperation after his arrest.1

Section 5K1.1 of the Sentencing Guidelines permits...

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