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U.S. v. GUZMAN

No. 02-3070.

318 F.3d 1191 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Maximo GUZMAN, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 7, 2003.

Attorney(s) appearing for the Case

Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney; Nancy Landis Caplinger, Assistant United States Attorney, on the brief), Topeka, KS, for Plaintiff-Appellee.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and OBERDORFER, District Judge.

OBERDORFER, District Judge.

Maximo Guzman, Jr., the defendant, pursuant to a Plea Agreement, pled guilty to conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 846, and was sentenced to 80 months confinement. On appeal from that sentence, he first contends that the government breached the Plea Agreement by making recommendations to the court that were contrary to its promises under the Agreement. Although...

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