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United States v. David Dwight Smyers, 57 F.3d 1081, 10th Cir. (1995)
United States v. David Dwight Smyers, 57 F.3d 1081, 10th Cir. (1995)
3d 1081
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties' request for a decision on the briefs without
oral argument. See Fed. R.App. P. 34(f); Tenth Cir. R. 34.1.9. The case is
therefore ordered submitted without oral argument.
David Dwight Smyers (Smyers), having been granted leave to proceed in forma
pauperis, appeals the sentence imposed by the district court following his plea
of guilty to engaging in monetary transactions in criminally derived property in
violation of 18 U.S.C.1957.
On March 23, 1994, an arrest warrant was issued for Smyers based on bond
violations. Smyers was arrested in California on August 31, 1994, and returned
to the District of Wyoming for sentencing. Based on his actions, the probation
office recommended that Smyers not be awarded a three level downward
departure for acceptance of responsibility.
..8 the bond violation certainly indicates there is no acceptance of responsibility. The
dirty urines also do, directly contrary to the conditions of bonds. [sic]
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I don't see any evidence of a change of lifestyle of this defendant. I haven't seen
any evidence of contrition on the part of the defendant. There's been no remorse
that I can detect. He was a hustler and he remains one.
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incarceration.
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This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of the court's General
Order filed November 29, 1993. 151 F.R.D. 470