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U.S. v. ALLEN

No. 93-3264.

16 F.3d 377 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Leslie ALLEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 9, 1994.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Brian L. Allen, pro se.

Randall K. Rathbun, United States Attorney, and Robin D. Fowler, Assistant United States Attorney, Wichita, Kansas, for Plaintiff-Appellee.

Before MOORE, ANDERSON, and KELLY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Brian L. Allen appeals the denial of a motion under 28 U.S.C. § 2255 for relief from his sentence for a federal drug trafficking conviction. He contends that his 120-month sentence, mandated by 21 U.S.C. § 841(b)(1)(B), was imposed in error, and that his sentence under the United States Sentencing Guidelines should have been within the range of 63 to 78 months. In essence, his...

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