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U.S. v. BUSEKROS

No. 00-3339.

264 F.3d 1158 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Robert D. BUSEKROS, Defendants-Appellant.

United States Court of Appeals, Tenth Circuit.

July 19, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jackie N. Williams, United States Attorney and David M. Lind, Assistant United States Attorney, Wichita, KS, for Plaintiff-Appellee.

Cyd Gilman, Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant.

Before HENRY, BRISCOE, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

Mr. Busekros appeals the district court's refusal to grant the government's motion for a downward departure based on his substantial assistance and cooperation with the authorities. He also appeals the district court's denial of his federal benefits for five years. We exercise our jurisdiction under 28 U.S.C. § 1291, we dismiss Mr. Busekros's appeal insofar as it challenges the district court's refusal to depart downward, and we vacate the...

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