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U.S. v. REBMANN

No. 01-5610.

321 F.3d 540 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Nancy Jo REBMANN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2003.

Attorney(s) appearing for the Case

Dan R. Smith (argued and briefed), Asst. U.S. Atty., U.S. Attorney's Office, Johnson City, TN, for Plaintiff-Appellant.

Nikki C. Pierce (argued and briefed), Federal Defender Services of Eastern Tennessee, Greeneville, TN, David F. Ness (briefed), Asst. Federal Public Defender, Federal Defender's of Montana, Great Falls, MT, for Defendant-Appellee.

Before MERRITT and DAUGHTREY, Circuit Judges; RUSSELL, District Judge.

OPINION

MERRITT, Circuit Judge.

The question before us is whether the government may convert a defendant's plea of guilty to only the distribution of 1/1000th of an ounce of heroin into a homicide case by asserting that the defendant's husband died from an overdose of heroin she sent him. We conclude that the district court was correct in sentencing the defendant to 30 months and rejecting the government's...

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