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U.S. v. SMITH

No. 06-3239.

500 F.3d 1206 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Deione M. SMITH, also known as Deione M. Burt, also known as Deione M. Burt-Smith, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 11, 2007.

Attorney(s) appearing for the Case

Justin W. Howard, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, appearing for Defendant-Appellant.

Brent I. Anderson, Assistant United States Attorney, Office of the United States Attorney for the District of Kansas, Wichita, KS (Eric F. Melgren, United States Attorney, and Terra D. Morehead, Assistant United States Attorney, Office of the United States Attorney for the District of Kansas, Kansas City, KS, on the brief), appearing for Plaintiff-Appellee.

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

TACHA, Chief Circuit Judge.

Pursuant to a plea agreement, Defendant-Appellant Deione Smith pleaded guilty to one count of possession with intent to distribute five grams or more of crack cocaine, a violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii). In her plea agreement, Ms. Smith waived her right to appeal her sentence. The District Court sentenced Ms. Smith to 151 months' imprisonment after (1) rejecting her request for safety valve consideration under...

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