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U.S. v. DILLON

No. 02-3306.

351 F.3d 1315 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. John R. DILLON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 4, 2003.

Attorney(s) appearing for the Case

John Edward Cash (Will Bunch on the briefs), Bunch & Gepford, Kansas City, MO, for Defendant-Appellant.

Robert S. Streepy, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before SEYMOUR, Circuit Judge, and ANDERSON and BRORBY, Senior Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

John Dillon pled guilty to a charge of knowingly storing hazardous waste without a permit in violation of 42 U.S.C. § 6928(d)(2)(A) and 18 U.S.C. § 2 and was sentenced pursuant to the United States Sentencing Commission, Guidelines Manual (Nov.2001) ("USSG") to sixty months imprisonment followed by three years of supervised release. On appeal, Mr. Dillon challenges the district court's imposition of a nine-level sentencing...

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