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U.S. v. WACKER

Nos. 93-3372, 93-3375, 93-3385, 94-3001, 94-3002, 94-3007 and 94-3024.

72 F.3d 1453 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Theodore WACKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Leroy Allen COOLEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Lee WACKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edith Faye WACKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Susan Mary BOYLE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael L. LIPP, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Perl Glen VAN PELT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

As Modified on Denial of Rehearing March 11, 1996.

Attorney(s) appearing for the Case

Michael L. Lewis, Topeka, Kansas, for Defendant/Appellant Lewis Theodore Wacker.

James G. Chappas, Topeka, Kansas, for Defendant/Appellant Leroy Allen Cooley.

F.G. Manzanares, Topeka, Kansas, for Defendant/Appellant John Lee Wacker.

James P. Moran, Assistant Federal Public Defender, Denver, Colorado (Michael G. Katz, Federal Public Defender, Denver, Colorado, with him on the brief), for Defendant/Appellant Edith Faye Wacker.

Edward G. Collister, Jr. of Collister & Kampschroeder, Lawrence, Kansas, for Defendant/Appellant Susan Mary Boyle.

Susan M. Hunt, Kansas City, Missouri (John P. O'Connor, Kansas City, Missouri, with her on the brief), for Defendant/Appellant Michael L. Lipp.

Stephen W. Kessler, Topeka, Kansas, for Defendant/Appellant Perl Glen Van Pelt.

Gregory G. Hough, Assistant United States Attorney, Topeka, Kansas (Randall K. Rathbun, United States Attorney, with him on the brief), for Plaintiff/Appellee.

Before EBEL and HENRY, Circuit Judges, and COOK, District Judge.

EBEL, Circuit Judge.

Appellants were charged in a fifteen-count superseding indictment with the commission of multiple drug trafficking and weapons offenses arising out of an extensive marijuana distribution conspiracy. Appellant Edith Wacker entered a guilty plea to two of those counts and was sentenced to a term of imprisonment. Edith Wacker now appeals her sentence, arguing that the district court miscalculated the drug quantity involved in her offense conduct...

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