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U.S. v. HAMILTON

No. 06-5231.

510 F.3d 1209 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Duane HAMILTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 18, 2007.

Attorney(s) appearing for the Case

Peter C. Astor, Tulsa, OK, for Appellant.

Tim Faerber, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Leena Alam, Assistant United States Attorney, on the brief), Office of the United States Attorney for the Northern District of Oklahoma, Tulsa, OK, for Appellee.

Before TACHA, Chief Circuit Judge, KELLY, and HENRY, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant Duane Hamilton appeals the District Court's denial of his motion to withdraw his guilty plea and its decision to sentence him to 322 months' imprisonment. We exercise jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

I. BACKGROUND

In May 2006, pursuant to a plea agreement with the Government, Mr. Hamilton pleaded guilty to two counts: (1) possession of 50 grams or more of cocaine base (i.e., crack...

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