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U.S. v. BERGER

No. 00-5024.

251 F.3d 894 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce M. BERGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 25, 2001.

Attorney(s) appearing for the Case

John E. Dowdell, of Norman, Wohlgemuth, Chandler & Dowdell, Tulsa, OK, for Defendant-Appellant.

Kenneth P. Snoke, Assistant United States Attorney (Stephen C. Lewis, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.

Before LUCERO, Circuit Judge, McKAY, Senior Circuit Judge, and BROWN, Senior District Judge.

BROWN, Senior District Judge.

Appellant Bruce Berger pled guilty to one count of conspiracy to commit mail fraud and one count of mail fraud, in violation of 18 U.S.C. §§ 371 & 1341. A few days before he was to be sentenced, he filed a motion to compel the government to move for a "substantial assistance" departure in his favor under the United States Sentencing Guidelines, Section 5K1.1. After hearing arguments from the attorneys,

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