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U.S. v. HARDESTY

No. 95-3392.

105 F.3d 558 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Murray F. HARDESTY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 22, 1997.

Attorney(s) appearing for the Case

David Phillips, Federal Public Defender, (Michael L. Harris, Assistant Federal Public Defender, on the brief), Kansas City, Kansas, for defendant-appellant.

Kurt J. Shernuk, Assistant United States Attorney, (Jackie N. Williams, United States Attorney, with him on the brief,) Kansas City, Kansas, for plaintiff-appellee.

Before TACHA, Circuit Judge, BALDOCK, Circuit Judge, and McWILLIAMS, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

The only issue in this appeal is whether the district court erred in increasing the defendant's base offense level by 2 levels based on United States Sentencing Guideline § 3A1.1 (1994).1 Our study of the matter convinces us that the district court did not err in increasing the defendant's base offense level by 2 levels, and we affirm.

As will be...

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