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U.S. v. BEALS

Nos. 10-5264, 10-5432, 10-5877, 10-6084.

698 F.3d 248 (2012)

UNITED STATES of America, Plaintiff-Appellee (10-5264 & 10-5432), Plaintiff-Appellee/Cross-Appellant (10-5877 & 10-6084), v. Leslie R. BEALS (10-5264) and Pamela R. Miller (10-5432), Defendants-Appellants, Bobby Ambrose, Defendant-Appellant/Cross-Appellee (10-5877 & 10-6084).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 16, 2012.

Attorney(s) appearing for the Case

ARGUED: D.R. Smith , Law Office of D.R. Smith, Johnson City, Tennessee, for Appellant/Cross-Appellee in 10-5877 and 10-6084. Caryn L. Hebets , United States Attorney's Office, Johnson City, Tennessee, for Appellee/Cross-Appellant in 10-5877 and 10-6084. ON BRIEF: James T. Bowman , Johnson City, Tennessee, for Appellant in 10-5264. Tracy Jackson Smith , Law Office of Tracy Jackson Smith, Knoxville, Tennessee, for Appellant in 10-5432. D.R. Smith , Law Office of D.R. Smith, Johnson City, Tennessee, for Appellant/Cross-Appellee in cases 10-5877 and 10-6084. Caryn L. Hebets , United States Attorney's Office, Johnson City, Tennessee, for Appellee in 10-5264 and 10-5432 and for Appellee/Cross-Appellant in 10-5877 and 10-6084.

GRIFFIN, J., delivered the opinion of the court, in which SILER, J., joined. TARNOW, D.J., joined the opinion of the court regarding Beals and Ambrose; and concurred in the judgment only regarding Miller. TARNOW, D.J. (pp. 273-75), delivered a separate concurring opinion with regard to appeal 10-5432.

OPINION

GRIFFIN, Circuit Judge.

These four consolidated appeals involve an alleged methamphetamine manufacturing and distribution conspiracy in eastern Tennessee that involved forty-nine indicted defendants. See 21 U.S.C. §§ 841(a), 846. Defendant Pamela Miller pleaded guilty and now challenges her sentence. (Appeal No. 10-5432) The government contends that Miller promised not to appeal her sentence as part of her agreement to plead guilty...

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