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U.S. v. CIAPPONI

No. 94-2274.

77 F.3d 1247 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. George M. CIAPPONI, aka George Norman Schreiber, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 28, 1996.

Attorney(s) appearing for the Case

Judith A. Patton, Assistant United States Attorney (John J. Kelly, United States Attorney, with her on the brief), Las Cruces, New Mexico, for Plaintiff-Appellee.

Jenine Jensen, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, Colorado, for Defendant-Appellant.

Before MOORE and LOGAN, Circuit Judges, and O'CONNOR, Senior District Judge.

EARL E. O'CONNOR, Senior District Judge.

Defendant Ciapponi pled guilty before a magistrate judge in the United States District Court for the District of New Mexico to possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D). Thereupon, the district judge sentenced defendant to 33 months imprisonment based, in part, on a criminal history category of V. Defendant appeals, raising two issues: (1) whether the...

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