UNITED STATES v. KLUSMAN

No. 78-1867.

607 F.2d 1331 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. KLUSMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 17, 1979.


Attorney(s) appearing for the Case

James P. Buchele, U.S. Atty., and John Oliver Martin, Asst. U.S. Atty., Topeka, Kan., for plaintiff-appellee.

Jan L. Hamer, Shawnee Mission, Kan., for defendant-appellant.

Before HOLLOWAY and DOYLE, Circuit Judges, and MATSCH, District Judge.


WILLIAM E. DOYLE, Circuit Judge.

This is a criminal case in which the defendant-appellant appeals a judgment of conviction for knowingly and intentionally distributing a controlled substance, LSD, contrary to 21 U.S.C. § 841(a)(1).

The primary issue in the case is whether the trial court considered Klusman's conviction as a youthful offender when sentence was pronounced. This conviction had been set aside in accordance with 18 U.S.C. § 5021.

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