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U.S. v. WYNE

No. 94-4131.

41 F.3d 1405 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Glenn WYNE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 2, 1994.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Scott M. Matheson, Jr., U.S. Atty., and Richard D. McKelvie, Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

John D. O'Connell, Salt Lake City, UT, for defendant-appellant.

Before SEYMOUR, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant Robert Wyne brings this appeal from the sentence imposed by the district court after his plea of guilty to the charge of attempting to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846 on or about December 1, 1993, in Utah. We have jurisdiction under 18 U.S.C. § 3742(a).

I

The presentence report prepared by the United States Probation Office indicated that defendant had one...

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