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U.S. v. KEELING

No. 99-6209.

235 F.3d 533 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Don Alan KEELING, also known as D.A. Keeling, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 15, 2000.

Attorney(s) appearing for the Case

Richard D. Biggs (and Marcia G. Shein, with him on the briefs), Shein & Biggs, Atlanta, Georgia, for Plaintiff-Appellee.

M. Jay Farber, Assistant United States Attorney (and Patrick M. Ryan, United States Attorney and Daniel G. Webber, Jr., United States Attorney, on the briefs), Oklahoma City, Oklahoma, for Defendant-Appellant.

Before SEYMOUR, Chief Judge, KELLY, and HENRY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant, Don Alan Keeling, appeals his sentence for possession with intent to distribute approximately 150 pounds of marijuana ("Count 6"), 21 U.S.C. § 841(a)(1), and use of a communication facility to facilitate a conspiracy to possess with intent to distribute marijuana ("Counts 8-21 and 23-31"), 21 U.S.C. § 843(b). In a jury trial, Mr. Keeling was acquitted of five...

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