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U.S. v. WILLIAMS

No. 04-3180.

431 F.3d 1234 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur WILLIAMS, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 19, 2005.

Attorney(s) appearing for the Case

Kirk C. Redmond, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, and Ronald E. Wurtz, Assistant Federal Public Defender, on the briefs), Topeka, KS, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Before LUCERO, SEYMOUR and HOLLOWAY, Circuit Judges.

SEYMOUR, Circuit Judge.

Arthur Williams, Jr., entered a plea of guilty to one count of distribution of a mixture containing a detectable quantity of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). At sentencing, Mr. Williams' guideline range was enhanced by two offense levels pursuant to U.S.S.G. § 2D1.1(b)(1) on the basis of the district court's finding, by a preponderance of the evidence, that Mr. Williams possessed a dangerous weapon...

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