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U.S. v. HUNG VIET MA

No. 00-1269.

240 F.3d 895 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. HUNG VIET MA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 22, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:

Thomas L. Strickland, United States Attorney, Joseph Mackey, Assistant U.S. Attorney, and James C. Murphy, Assistant U.S. Attorney, Denver, Colorado, for Plaintiff-Appellee.

Jeffrey R. Edelman of Jeffrey R. Edelman, P.C., Parker, Colorado, for Defendant-Appellant.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Defendant, formerly a window clerk for the United States Postal Service, was convicted of mail theft by a postal employee, 18 U.S.C. § 1709. He was sentenced to four months' imprisonment, followed by an additional four months of home detention using an electronic monitoring device, and supervised release. He appeals1 only his sentence, arguing that the district court improperly adjusted his offense...

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