No. 97-3163.

140 F.3d 1325 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Lester Ervin SMITH, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 6, 1998.

Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender, and Jill M. Wichlens, Asst. Federal Public Defender, Denver, CO, for Defendant-Appellant.

Jackie N. Williams, U.S. Atty., and Gregory G. Hough, Asst. U.S. Atty., Topeka, KS, for Plaintiff-Appellee.

Before ANDERSON, McKAY, and LUCERO, Circuit Judges.

McKAY, Circuit Judge.

After examining the briefs and the appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Pursuant to a plea agreement, Defendant, Mr. Lester Ervin Smith, pled guilty to one count of conspiracy to possess with intent to distribute 50 grams...

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