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U.S. v. HANEY

No. 00-1421.

318 F.3d 1161 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Robert M. HANEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 4, 2003.

Attorney(s) appearing for the Case

David A. Lane, Miller, Lane, Killmer & Greisen LLP, Denver, CO, for Defendant-Appellant.

Daniel S. Goodman, Attorney, Criminal Division, Appellate Section, United States Department of Justice, Washington, DC (John W. Suthers, United States Attorney, and Andrew A. Vogt, Assistant United States Attorney, Denver, CO, with him on the brief), for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ and O'BRIEN, Circuit Judges.

ON REHEARING EN BANC

PAUL KELLY, JR., Circuit Judge.

Background

Defendant-Appellant Robert M. Haney was charged with attempted escape from prison, 18 U.S.C. § 751(a), and possession of escape paraphernalia, 18 U.S.C. § 1791(a)(2), (d)(1)(B). A jury acquitted him of the former, but convicted him on the latter. He was sentenced to thirty six months imprisonment to run consecutively to previous...

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