U.S. v. AYERS

No. 95-2032.

84 F.3d 382 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Corley AYERS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 22, 1996.


Attorney(s) appearing for the Case

Submitted on the briefs:*

John J. Kelly, U.S. Attorney and David N. Williams, Assistant U.S. Attorney, Office of United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Michael Gordon Katz, Federal Public Defender and James P. Moran, Assistant Federal Public Defender, Office of the Federal Public Defender, District of Colorado and Wyoming, Denver, CO, for Defendant-Appellant.

Before SEYMOUR, McKAY, and HENRY, Circuit Judges.


HENRY, Circuit Judge.

For the reasons set forth below, we affirm the district court's decision that the defendant-appellant Corley Ayers is not entitled to a reduction in his offense level under 3B1.2 of the United States Sentencing Guidelines (USSG).

Mr. Ayers pleaded guilty to violating 21 U.S.C. 841(a)(1) and 841(b)(1)(B) by possessing with the intent to distribute more than five grams of cocaine. Prior to sentencing, Mr. Ayers objected to certain sections...

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