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U.S. v. BYRUM

No. 08-6193.

567 F.3d 1255 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Raymond BYRUM, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 9, 2009.

Attorney(s) appearing for the Case

Susan M. Otto, Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant.

Randal A. Sengel, Assistant United States Attorney (John C. Richter, United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before LUCERO, McWILLIAMS, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Following his arrest for sexual exploitation of a minor, Jimmy Raymond Byrum decided to plead guilty in exchange for a favorable sentencing arrangement. The district court accordingly conducted a plea hearing pursuant to Federal Rule of Criminal Procedure 11. At the Rule 11 hearing, the court provisionally accepted Byrum's guilty plea subject to its review of the yet-to-be prepared pre-sentence report. Prior to sentencing, though, Byrum had...

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