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U.S. v. BURKHOLDER

No. 13-8094.

816 F.3d 607 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Lee BURKHOLDER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 4, 2016.

Attorney(s) appearing for the Case

O. Dean Sanderford , Assistant Federal Public Defender, Denver, CO, ( Virginia L. Grady , Interim Federal Public Defender, with him on the briefs), for Defendant-Appellant.

Eric J. Heimann , Assistant United States Attorney, Cheyenne, WY, ( Christopher A. Crofts , United States Attorney, with him on the brief), for Plaintiff-Appellee.

Before BRISCOE, HOLMES, and BACHARACH, Circuit Judges.

Jerry Lee Burkholder was charged with distributing a controlled substance, the use of which resulted in the death of Kyle Dollar, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(E). The latter provision imposes a fifteen-year statutory maximum sentence "if death . . . results from the use" of certain controlled...

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