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U.S. v. SOLOMON

No. 95-5181.

95 F.3d 33 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Pieter SOLOMON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 3, 1996.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephen J. Knorr, Federal Public Defender (Stephen J. Greubel, Assistant Federal Public Defender, with him on the brief), Tulsa, Oklahoma, for Appellant — Defendant.

Stephen C. Lewis, United States Attorney (Lucy O. Creekmore, Assistant United States Attorney, with him on the brief), Tulsa, Oklahoma, for Plaintiff — Appellee.

Before SEYMOUR, Chief Judge, KELLY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Defendant Pieter Solomon appeals from his criminal conviction and sentence. The sole issue on appeal is whether United States Sentencing Guideline § 2K2.1(a)(4)(B) is unconstitutionally vague as applied to the facts of this case. Our jurisdiction arises under 18 U.S.C. § 3742(d) and 28 U.S.C. § 1291. We affirm.

In August 1994 defendant sold a small quantity of marijuana to co-defendant Roy Winkleman. Over the next several...

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