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U.S. v. HALLUM

Nos. 96-7053, 96-7055, 96-7056.

103 F.3d 87 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis HALLUM, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Delton Wayne HILTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. R.J. BLACKBURN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 31, 1996.

Attorney(s) appearing for the Case

Stephen J. Knorr, Federal Public Defender, and Stephen J. Greubel, Assistant Federal Public Defender, Tulsa, OK, for Defendant-Appellant James Curtis Hallum.

Andrew C. Wilcoxen of Wilcoxen, Wilcoxen & Primomo, Muskogee, OK, for Defendant-Appellant Delton Wayne Hilton.

John C. "Jay" Williams III, Muskogee, OK, for Defendant-Appellant R.J. Blackburn.

John Raley, United States Attorney, and Dennis A. Fries, Assistant United States Attorney, Muskogee, OK, for Plaintiff-Appellee.

Before ANDERSON, LOGAN and MURPHY, Circuit Judges.

LOGAN, Circuit Judge.

Defendants R.J. Blackburn, James Curtis Hallum and Delton Wayne Hilton all pleaded guilty to one count of manufacturing and distributing marijuana, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court sentenced all three to the mandatory statutory minimum sixty-month sentence after finding they did not meet the criteria at USSG § 5C1.2 that would allow departure below the mandatory statutory minimum sentence...

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