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U.S. v. UNDERWOOD

No. 90-3220.

938 F.2d 1086 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. James Harold UNDERWOOD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 8, 1991.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Kenneth W. Starr, Sol. Gen., Dept. of Justice, Washington, D.C., Lee Thompson, U.S. Atty., Richard L. Hathaway, Asst. U.S. Atty., Topeka, Kan., for plaintiff-appellee.

Robert D. Hecht of Scott, Quinlan & Hecht, Topeka, Kan., for defendant-appellant.

Before TACHA, BALDOCK and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant-appellant James Harold Underwood was a participant in a large marijuana growing and processing enterprise with fields in six Kansas counties.1 He pled guilty to one count of conspiracy to plant, cultivate, grow, harvest and possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 846, 802 & 812. The Sentencing Guidelines applied because the offense occurred after November...

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