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U.S. v. REDCAP

No. 07-4068.

505 F.3d 1321 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby REDCAP, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 5, 2007.

Attorney(s) appearing for the Case

Submitted on the Briefs:* Jeremy M. Delicino, Salt Lake City, UT, for Defendant-Appellant.

Brett L. Tolman, United States Attorney, and Elizabethanne C. Stevens, Assistant United States Attorney, District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

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

MURPHY, Circuit Judge.

Bobby Redcap appeals his thirteen-month sentence imposed for violating the terms of his supervised release. Redcap contends the district court committed error by failing to give prior notice of its intention to impose a sentence in excess of that recommended by the policy statement in Chapter 7 of the United States Sentencing Guidelines ("Chapter 7"). Exercising jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), this...

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