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U.S. v. DALTON

No. 04-7043.

409 F.3d 1247 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Louie Anthony DALTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 1, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Paul D. Brunton, Federal Public Defender, Michael A. Abel, Assistant Federal Public Defender, Barry L. Derryberry, Research and Writing Specialist, Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant.

Sheldon J. Sperling, United States Attorney, Ryan M. Roberts, Assistant United States Attorney, Muskogee, OK, for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, ANDERSON, and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Louie Anthony Dalton ("Dalton") pleaded guilty to a one-count indictment charging him with conspiracy to distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. He appeals his 150-month sentence, arguing (1) that the district court clearly erred in estimating the drug quantity it relied on for sentencing, and (2) the sentence violated Blakely v. Washington, 542 U...

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