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U.S. v. CHIARELLI

Nos. 89-3563, 89-3564 and 89-3571.

898 F.2d 373 (1990)

The UNITED STATES v. Geno CHIARELLI, George Albert Jordan, Anthony Durish, Arleigh Halterman. Appeal of Arleigh HALTERMAN, at No. 89-3563. Appeal of Geno CHIARELLI, at No. 89-3564. Appeal of Anthony DURISH, at No. 89-3571.

United States Court of Appeals, Third Circuit.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Sally A. Frick (argued), Pittsburgh, Pa., for Arleigh Halterman.

Carl Max Janavitz (argued), Pittsburgh, Pa., for Geno Chiarelli.

Thomas W. Brown (argued), Pittsburgh, Pa., for Anthony Durish.

Bonnie R. Schlueter (argued), Asst. U.S. Atty., Paul J. Brysh, U.S. Atty's Office, Pittsburgh, Pa., for appellee.

Before SLOVITER, HUTCHINSON and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Arleigh Halterman, Geno Chiarelli and Anthony Durish appeal from judgments of conviction entered on August 11, 1989. Each challenges the validity of his sentence under the United States Sentencing Guidelines. We will vacate the sentences and remand for resentencing.

I.

Over the weekend of March 8, 1986, burglars stole sixteen antique Renaissance weapons from a safe deposit box in the

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