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ROGERS v. U.S.

No. 95-6092.

91 F.3d 1388 (1996)

Donald Steven ROGERS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

Robert C. Jenkins (Charles D. Weisselberg, Dennis E. Curtis, and Carrie L. Hempel with him on the brief), University of Southern California Law Center, Los Angeles, California, for Defendant-Appellant.

Randel Sengel (Patrick M. Ryan and Leslie M. Maye were on the brief), U.S. Attorneys Office, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before HENRY, BRISCOE and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

In sentencing Donald Rogers, a federal prisoner convicted of various drug related crimes, the district court multiplied by seven the amount of heroin he delivered for subsequent distribution. Rogers appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence and argues that the district court improperly enhanced the twenty-four ounces of pure heroin that he admitted delivering by the number of times the...

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