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U.S. v. MUELLER

No. 93-1481.

27 F.3d 494 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Quentin J. MUELLER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 1994.

Attorney(s) appearing for the Case

Henry L. Solano, U.S. Atty.; Craig Wallace and John M. Hutchins, Asst. U.S. Attys.; and Mountain States Drug Task Force, Denver, CO, for plaintiff-appellee.

Michael G. Katz, Federal Public Defender; and James P. Moran, Asst. Federal Public Defender, Denver, CO, for defendant-appellant.

Before MOORE, ANDERSON, and KELLY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The question presented by this appeal is whether a person sentenced under a superceded sentencing guideline for determining the weight of LSD is entitled to a reduced sentence based on the new guideline. Complicating the question, however, is the fact the defendant has already received a Fed.R.Crim.P. 35 reduction which lowered his sentence below the statutory mandatory minimum. We conclude whether to apply the amended guideline is determined...

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