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U.S. v. MELTON

No. 97-6028.

131 F.3d 1400 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde Wayne MELTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 15, 1997.

Attorney(s) appearing for the Case

O. Ronald McGee, of O. Ronald McGee & Associates, P.C., Ponca City, OK, Kenneth E. Holmes and James A. Schaffer, of Holmes & Schaffer, Ponca City, OK, for Defendant-Appellant.

Patrick M. Ryan, United States Attorney and Teresa Black, Assistant U.S. Attorney, Oklahoma City, OK, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.

SEYMOUR, Chief Judge.

Clyde Wayne Melton pled guilty to one count of conspiracy to violate federal counterfeiting statutes and was sentenced to twenty-seven months in prison. On appeal, he contends the district court improperly enhanced his sentence on the basis of coconspirators' conduct. We agree, vacate his sentence, and remand for resentencing.1

I

The record of Mr. Melton's plea proceeding and sentencing reveals the...

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