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U.S. v. NEARY

No. 98-8050.

183 F.3d 1196 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Deborah Lynn NEARY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 1999.

Attorney(s) appearing for the Case

David A. Kubichek, Assistant United States Attorney (David D. Freudenthal, United States Attorney, District of Wyoming, with him on the briefs), Casper, Wyoming, for Plaintiff-Appellee.

David M. Gosar, Jackson, Wyoming, for Defendant-Appellant.

Before BALDOCK, BARRETT, and BRORBY, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Deborah Lynn Neary appeals the district court's order granting the government's Fed.R.Crim.P. 35(b) motion to reduce her sentence. Defendant argues that the district court misapplied the sentencing guidelines by considering factors other than the assistance she provided to the government in deciding to reduce her sentence by twenty-three months, instead of by the thirty-three months recommended by the government.

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