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U.S. v. McCARY

No. 94-7080.

58 F.3d 521 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Tommy Blake McCARY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 15, 1995.

Attorney(s) appearing for the Case

John Raley, U.S. Atty., and Dennis A. Fries, Asst. U.S. Atty., Muskogee, OK, for plaintiff-appellant.

R. Jay Cook, Muskogee, OK, for defendant-appellee.

Before BRORBY, GODBOLD, and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Upon mutual consent of the parties, this case has been submitted for decision on the briefs. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.9.

I

The government brings this appeal, the second in this case, to argue that defendant-appellee McCary, who is subject to a 211-month sentence imposed by the United States District Court for the Northern District of Texas, should serve the 17-month enhancement portion of his 63-month...

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