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U.S. v. McDOWELL

Nos. 89-3265, 89-3266.

888 F.2d 285 (1989)

UNITED STATES of America v. John W. McDOWELL, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Decided October 25, 1989.

Attorney(s) appearing for the Case

E. Thomas Maxwell, Jr., Baltimore, Md., for appellant.

William C. Carpenter, Jr., U.S. Atty., Richard G. Andrews, First Asst. U.S. Atty., Wilmington, Del., for appellee.

Before SLOVITER, GREENBERG, and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 3, 1989.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal of the sentence meted out to the appellant, John W. McDowell, Jr., presents a question of first impression for this court. We must initially determine the burden of proof with respect to facts relevant in the calculation of a sentence under the new Sentencing Guidelines. Then we must determine this court's scope of review with regard...

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