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UNITED STATES v. VANNORTWICK

No. 22-7034.

74 F.4th 1278 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Kyle Joseph VANNORTWICK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 25, 2023.

Attorney(s) appearing for the Case

Josh Lee , Assistant Federal Public Defender, ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Linda A. Epperley , Assistant United States Attorney ( Christopher J. Wilson , United States Attorney, and Lisa C. Williams , Special Assistant United States Attorney, with her on the brief), Eastern District of Oklahoma, Muskogee, Oklahoma, for Plaintiff-Appellee.

Before BACHARACH, KELLY, and BRISCOE, Circuit Judges.

This appeal involves Mr. Kyle Vannortwick's federal sentence for second-degree murder. The sentencing judge allegedly erred in calculating the guideline range. On its face, the alleged error wouldn't have changed the guideline range. But Mr. Vannortwick argues that without the error, he could have obtained a lower sentence...

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