Court of Appeals for the Tenth Circuit June 1, 2004, 04-3032 (United States v. McElhiney)

F I L E D

United States Court of Appeals

Tenth Circuit

PUBLISH

JUN 1 2004

UNITED STATES COURT OF APPEALS

PATRICK FISHER

Clerk

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 04-3032

MICHAEL McELHINEY,

Defendant-Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

(D.C. No. 98-CR-40083-RDR)

Submitted on the Briefs.