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U.S. v. SUTTON

No. 07-1223.

520 F.3d 1259 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Lee SUTTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 3, 2008.

Attorney(s) appearing for the Case

Jill Wichlens, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, oh the briefs), Denver, CO, for Defendants-Appellant.

Alan J. Phelps, Trial Attorney, Office of Consumer Litigation, U.S. Department of Justice (Peter D. Keisler, Assistant Attorney General, Troy EID, United States Attorney, Kenneth L. Jost, Deputy Director, on the brief), Washington, D.C, for Plaintiff-Appellee.

Before TACHA, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge.

KELLY, Circuit Judge.

Defendants-Appellant Gary Lee Sutton pleaded guilty to one count of mail fraud in violation of 18 U.S.C. §§ 1341, 2 (count 1) and one count of odometer tampering in violation of 49 U.S.C. §§ 32703(2) and 32709(b) and 18 U.S.C. § 2 (count 11). The district court sentenced Mr. Sutton to 30 months' imprisonment on each count, to be served concurrently, and three years' supervised release. On appeal, Mr. Sutton challenges...

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