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U.S. v. PENTRACK

No. 04-4143.

428 F.3d 986 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. D. Mark PENTRACK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 9, 2005.

Attorney(s) appearing for the Case

Steven B. Killpack, Federal Public Defender and Scott Keith Wilson, Assistant Federal Public Defender, Office of the Federal Public Defender, Salt Lake City, UT, for Defendant-Appellant.

Paul M. Warner, United States Attorney, Elizabethanne C. Stevens, Assistant United States Attorney, Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before McCONNELL, HOLLOWAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Defendant-Appellant D. Mark Pentrack appeals the sentence imposed for his role in an internet fraud scam. He argues (1) the district court improperly enhanced his sentence by relying on an Idaho consent judgment against him, which was not "specific" within the meaning of the United States Sentencing Guidelines, § 2B1.1(b)(7)(C) (Nov.2003); and (2) his sentence was imposed in violation of

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