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U.S. v. CLARK

No. 04-3116.

415 F.3d 1234 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Wilma Jean CLARK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 29, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Eric F. Melgren, United States Attorney, District of Kansas and James A. Brown, Assistant United States Attorney, Topeka, Kansas for Plaintiff-Appellee.

David J. Phillips, Federal Public Defender, District of Kansas and Ronald E. Wurtz, Assistant Federal Public Defender, Topeka, Kansas for Defendant-Appellant.

Before SEYMOUR, LUCERO, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

In this direct criminal appeal, Wilma Clark argues that the Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), renders unconstitutional her sentence for drug distribution. We consider her argument in light of the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because the court below...

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