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U.S. v. GALLEGOS

Nos. 96-2240, 96-2242.

129 F.3d 1140 (1997)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Geneva GALLEGOS, also known as Leann Rael, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

November 14, 1997.

Attorney(s) appearing for the Case

Richard A. Friedman, Department of Justice, Appellate Section Criminal Division, Washington, DC (John J. Kelly, United States Attorney, and Tara C. Neda, Assistant U.S. Attorney, District of New Mexico, Albuquerque, NM, with him on briefs), for Appellant/Cross-Appellee.

Adam G. Kurtz, Albuquerque, NM, for Appellee/Cross-Appellant.

Before ANDERSON, EBEL, and LUCERO, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Ms. Geneva Gallegos was convicted of possession with intent to distribute more than 50 grams of crack cocaine, in violation of 21 U.S.C. § 841(a). After finding Gallegos qualified for an acceptance of responsibility adjustment and departing downward from the Sentencing Guidelines1 range, the district court sentenced her to 34 months in prison, followed by five years supervised release. The court...

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