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U.S. v. MONTOYA

No. 93-2303.

24 F.3d 1248 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Lucille Lorraine MONTOYA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 19, 1994.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Kurt J. Mayer, Asst. Federal Public Defender, Las Cruces, NM, for defendant-appellant.

Tara C. Neda, Asst. U.S. Atty., and John J. Kelly, U.S. Atty., Albuquerque, NM, for plaintiff-appellee.

Before MOORE, ANDERSON and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Ms. Montoya plead guilty to possession with intent to distribute less than 50 kilograms of marijuana, 21 U.S.C. § 841(a)(1), (b)(1)(D), and appeals the district court's decision not to grant her a two-level downward adjustment of her offense level, U.S.S.G. § 3B1.2(b), for being a minor participant, specifically a courier, see id. comment, (n. 2). The district court's finding that she was not a minor participant is...

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