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UNITED STATES v. WESLEY

No. 22-3066.

60 F.4th 1277 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Monterial WESLEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 28, 2023.

Attorney(s) appearing for the Case

Kayla Gassmann , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Kansas City, Kansas, for Plaintiff-Appellee.

Jared S. Maag , Assistant United States Attorney ( Duston J. Slinkard , United States Attorney, District of Kansas, and James A. Brown , Assistant United States Attorney, Chief, Appellate Division, with him on the brief), Office of the United States Attorney, Topeka, Kansas, for Defendant-Appellant.

Before TYMKOVICH, SEYMOUR, and PHILLIPS, Circuit Judges.

A federal jury convicted defendant Monterial Wesley of drug trafficking. In a post-conviction motion, Wesley alleged his prosecutor suborned perjury about the drug quantities attributable to him, in turn increasing his sentencing exposure. But, rather than asking the district court to vacate his sentence under 28 U.S.C...

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