United states court of appeals tenth circuit united states of america



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FILED
United States Court of Appeals
Tenth Circuit

DEC 3 2001

PATRICK FISHER
Clerk




UNITED STATES COURT OF APPEALS
TENTH CIRCUIT


UNITED STATES OF AMERICA,
Plaintiff - Appellee,

No. 00-3335



v.

(D. Kansas)

CHRISTOPHER D. KOVAC,
Defendant - Appellant.

(D.C. No. 00-CR-20028-CM)


ORDER AND JUDGMENT*

Before KELLY and ANDERSON, Circuit Judges, and STAGG,** District Judge.


After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Defendant Christopher Kovac entered a plea of guilty on charges of attempted manufacture of methamphetamine in violation of 21 U.S.C. § 841(a)(1).1 The district court sentenced Kovac to 136 months in prison, applying a total offense level of 31 and a Criminal History Category of II under the United States Sentencing Guidelines (“USSG”). Kovac appeals his sentence, claiming that the district court erroneously (1) denied his motion to compel the Government to file a substantial assistance motion under USSG §5K1.1 and 18 U.S.C. § 3553(e), (2) imposed a two-level enhancement for the possession of a dangerous weapon under USSG §2D1.1(b)(1), and (3) refused Kovac’s request for a horizontal downward criminal history departure under USSG §4A1.3. We exercise jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and affirm.




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