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U.S. v. LANG

Nos. 02-4075, 02-4091, 02-4103, 02-4128, 04-4165, 04-4175.

405 F.3d 1060 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny LANG, also known as Melvin Pitchford, and Shari Lewis Lang, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 12, 2005.

Attorney(s) appearing for the Case

Submitted on the Briefs: Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender for the District of Colorado, Denver, CO, for Defendant-Appellant Shari Lewis Lang in 02-4075, 02-4091.

Kenneth R. Brown and Ann Marie Taliaferro of Brown, Bradshaw & Moffat, Salt Lake City, UT, for Defendant-Appellant Shari Lewis Lang in 04-4065 and 04-4075.

Stephen R. McCaughey of McCaughey & Metos, Salt Lake City, UT, for Defendant-Appellant Johnny Lang.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the briefs), Office of the United States Attorney for the District of Utah, Salt Lake City, UT, for Plaintiff-Appellee United States in 02-4075, 02-4091, 02-4103, and 02-4128.

Paul M. Warner, United States Attorney, and Michael S. Lee, Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee United States in 04-4065 and 04-4075.

Before SEYMOUR, HARTZ and McCONNELL, Circuit Judges.

SEYMOUR, Circuit Judge.

This decision resolves the appeals of both Johnny and Shari Lewis Lang from their resentencings and the remand from the Supreme Court of our decision in United States v. Lang, 364 F.3d 1210 (10th Cir.2004) (Lang I), which was vacated for further consideration in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), by ___ U.S. ___, 125 S.Ct. 986, 160 L.Ed...

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