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U.S. v. WISEMAN

No. 13-4097.

749 F.3d 1191 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Tina Patricia WISEMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 22, 2014.

Attorney(s) appearing for the Case

Submitted on the briefs: James C. Bradshaw and Ann Marie Taliaferro of Brown Bradshaw & Moffat, L.L.P., Salt Lake City, UT, for Defendant-Appellant.

David B. Barlow , United States Attorney, and Dave Backman , Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, EBEL and MATHESON, Circuit Judges.

BRISCOE, Chief Judge.

This is a direct appeal by Tina Patricia Wiseman following her guilty plea to one count of conspiring to distribute oxycodone, in violation of 21 U.S.C. §§ 841, 846. The district court calculated her guideline range to be 57-71 months, but sentenced her to a below-range sentence of 48 months. Wiseman argues on appeal that the district court committed procedural error by refusing to consider the disparity between her sentence and similarly...

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