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U.S. v. CYPHERS

No. 96-30301.

130 F.3d 1361 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Kenneth CYPHERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1997.

Attorney(s) appearing for the Case

Norman Sepenuk and Douglas Stringer, Portland, Oregon, for the defendant-appellant.

Robert B. Ross, Assistant United States Attorney, Portland, Oregon, for the plaintiff-appellee.

Before: SKOPIL and HAWKINS, Circuit Judges, and MERHIGE, District Judge.

SKOPIL, Senior Circuit Judge:

Robert Cyphers pleaded guilty to charges of submitting false reports in violation of 18 U.S.C. § 1001. He challenges his sentence, contending that the district court erred by adjusting his offense level upward based upon a finding that he supervised others who participated in the offense. Cyphers contends that the adjustment is not appropriate because the others were not "participants" in the same crime that he committed. We conclude...

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