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U.S. v. BURDEX

No. 95-6269.

100 F.3d 882 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Elgret Lorenzo BURDEX, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 18, 1996.

Attorney(s) appearing for the Case

Edward J. Kumiega, Assistant United States Attorney (Patrick M. Ryan, United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Paul Antonio Lacy, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant.

Before EBEL, HOLLOWAY, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Elgret Lorenzo Burdex appeals the statutory maximum, twenty-four month sentence imposed by the United States District Court for the Western District of Oklahoma for his violation of the terms of his supervised release. Mr. Burdex contends that the district court improperly departed upward from the sentence prescribed by Chapter 7 of the United States Sentencing Guidelines, that he had inadequate notice of the court's intention to depart, and...

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