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U.S. v. FLINN

No. 92-2045.

987 F.2d 1497 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Scott FLINN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 4, 1993.

Attorney(s) appearing for the Case

Stephen R. Kotz (Don J. Svet, U.S. Atty., with him on the brief), Asst. U.S. Atty., Albuquerque, NM, for plaintiff-appellee.

Roger A. Finzel, Asst. Federal Public Defender, Albuquerque, NM, for defendant-appellant.

Before MOORE, and BRORBY, Circuit Judges, and THEIS, District Judge.

BRORBY, Circuit Judge.

Pursuant to 18 U.S.C. § 3742(a), Defendant-Appellant Edward Scott Flinn appeals a thirty-three month sentence received after entering into a plea agreement to an indictment charging him with fraudulent use of an unauthorized access device in violation of 18 U.S.C. § 1029(a)(2) and 18 U.S.C. § 1029(c)(1). Appellant contends the district court erred by upwardly departing from the United States Sentencing Commission

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