U.S. v. TALK

No. 97-2088.

158 F.3d 1064 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Andrew TALK, a/k/a Roderick Talk, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 11, 1998.

Attorney(s) appearing for the Case

Mary Y.C. Han, Albuquerque, NM, for Defendant-Appellant.

James T. Martin, Assistant U.S. Attorney (John J. Kelly, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, McKAY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Roger Andrew Talk moves this court to vacate his sentence pursuant to 28 U.S.C. § 2255. His motion is based on Koon v. United States, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996), which, he argues, changed the standard of review applied on appeal to a sentencing court's departure from the sentencing guidelines. More precisely, he argues that under Koon this court erred by rejecting downward...

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