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U.S. v. LYNCH

No. 04-5111.

397 F.3d 1270 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald D. LYNCH, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* David E. O'Meilia, United States Attorney and Shannon L. Henson, Assistant United States Attorney, on the brief, Tulsa, OK, for Plaintiff-Appellant.

Paul D. Brunton, Public Defender, Barry L. Derryberry, Research and Writing Specialist and Robert Ridenour, Assistant Federal Public Defender, on the brief, Tulsa, OK, for Defendant-Appellee.

Before KELLY, O'BRIEN, and TYMKOVICH, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

The government appeals from the sentence imposed on Defendant-Appellant Ronald D. Lynch. Mr. Lynch pleaded guilty to manufacture of methamphetamine, 21 U.S.C. § 841(a)(1) and (b)(1)(C), and possession with intent to distribute 50 grams or more of methamphetamine, 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii). Over the objection of the government, the district court applied sentencing guidelines that corresponded to the drug quantity...

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