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U.S. v. WAGNER

No. 92-2011.

994 F.2d 1467 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jeri Sue WAGNER, a/k/a Pam Halsey, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 18, 1993.

Attorney(s) appearing for the Case

Tara C. Neda, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with her on the brief), Albuquerque, NM, for plaintiff-appellee.

Kenneth R. Brown, Salt Lake City, UT, for defendant-appellant.

Before MOORE and BRORBY, Circuit Judges, and THEIS, Senior United States District Judge.

BRORBY, Circuit Judge.

Jeri Sue Wagner pleaded guilty to violating 21 U.S.C. § 841(d) for possessing a listed chemical (phenylacetic acid) with the intent to manufacture a controlled substance (methamphetamine). She appeals her sentence asserting the sentencing court incorrectly determined her criminal history by classifying her crime as a "controlled substance offense" and treating her as a "career offender" under the United States Sentencing Guidelines (hereinafter...

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