United States of America, and Cross-Appellee v. Allan Glenn Gaither, And
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BRORBY, Circuit Judge.
Mr. Allan Gaither pled guilty to uttering counterfeit $20 bills in violation of 18 U.S.C.A. § 472 (West 1988). The district court’s decision to depart from the Sentencing Guidelines based upon Mr. Gaither’s post-offense drug rehabilitation is appealed by the Government and Mr. Gaither cross-appeals the increase in his base offense level for manufacturing the bills.
I. Background.
Mr. Gaither was arrested at a Wichita nightclub for passing counterfeit $20 bills. After his arrest, Mr. Gaither admitted to police that he manufactured and passed $660 worth of counterfeit $20…
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