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U.S. v. PAYTON

No. 04-8054.

405 F.3d 1168 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jona R. PAYTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 4, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs.* Robert G. Levitt, Denver, CO, and Timothy C. Kingston, Graves, Miller & Kingston, P.C., Cheyenne, WY, for Defendant-Appellant.

Matthew H. Mead, United States Attorney, District of Wyoming; Darrell L. Fun, Assistant United States Attorney, District of Wyoming; and David A. Kubichek, Assistant United States Attorney, District of Wyoming, for Plaintiff-Appellee.

Before EBEL, MURPHY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Jona R. Payton pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 846. The district court sentenced her to 120 months imprisonment. Ms. Payton now appeals the district court's sentence, arguing that (1) her sentence should not have been enhanced because she did not possess a firearm within the meaning of...

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