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UNITED STATES v. ORDUNO-RAMIREZ

No. 22-3019.

61 F.4th 1263 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Omar Francisco ORDUNO-RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED March 10, 2023.

Attorney(s) appearing for the Case

Paige A. Nichols , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with her on the briefs), Topeka, Kansas, for Defendant-Appellant.

Bryan C. Clark , Assistant United States Attorney ( Duston J. Slinkard , United States Attorney; Carrie N. Capwell , and James A. Brown , Assistant United States Attorneys, with him on the briefs), Kansas City, Kansas, for Plaintiff-Appellee.

Before MATHESON, KELLY, and PHILLIPS, Circuit Judges.

Omar Francisco Orduno-Ramirez pled guilty to a conspiracy drug offense. He received a below-Guidelines-range prison sentence of 144 months, which we affirmed on direct appeal. After he pled guilty, but before he was sentenced, the Kansas United States Attorney's Office ("USAO") obtained soundless video recordings of five...

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