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U.S. v. WEBB

No. 93-3400.

49 F.3d 636 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Edgar Wayne WEBB, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 28, 1995.

Attorney(s) appearing for the Case

Gregory G. Hough, Asst. U.S. Atty. (Randall K. Rathbun, U.S. Atty., with him on the brief), D. Kan., Topeka, KS, for plaintiff-appellant.

Marilyn M. Trubey, Branch Chief (David J. Phillips, Federal Public Defender, with her on the brief), Federal Public Defender's Office for the D. Kan., Topeka, KS, for defendant-appellee.

Before TACHA, LOGAN and EBEL, Circuit Judges.

TACHA, Circuit Judge.

The only issue presented by this appeal is whether the district court erred in granting a downward departure from the sentence range prescribed by the United States Sentencing Guidelines (U.S.S.G.). We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I. Background

As part of a marijuana eradication effort, the Morris County sheriff, the Kansas National Guard, and the Kansas Bureau of Investigation (KBI) engaged...

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