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U.S. v. HAHN

No. 01-2301.

359 F.3d 1315 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus G. HAHN, Defendant-Appellant. National Association of Criminal Defense Lawyers, Amicus-Curiae.

United States Court of Appeals, Tenth Circuit.

March 4, 2004.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Kari Converse (Marc H. Robert, with her on the briefs), Albuquerque, NM, for Defendant-Appellant.

Norman R. Mueller, Rachel A. Bellis, Haddon, Morgan, Mueller, Jordan, Mackey and Foreman, P.C., Denver, CO; Daniel P. Blank, Assistant Federal Public Defender, San Francisco, CA, filed an amicus curiae brief for the National Association of Criminal Defense Lawyers.

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

PER CURIAM

Defendant-Appellant Marcus G. Hahn was convicted of marijuana and firearms violations and sentenced to forty years' imprisonment. In a second prosecution for sexual-exploitation offenses, Mr. Hahn entered into a plea agreement in which he waived the right to appeal his sentence. The district court, finding that it lacked discretion to issue the sexual-exploitation sentence concurrently with the marijuana-and-firearms sentence, sentenced Mr.

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