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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