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U.S. v. GESTON

Nos. 01-50081, 01-50163.

299 F.3d 1130 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Alan GESTON, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Jack Alan Geston, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2002.

Attorney(s) appearing for the Case

Karyn H. Bucur, Laguna Hills, California, for the defendant-appellant.

Jennifer Levin, Department of Justice, Washington, DC, for the plaintiff-appellee.

Before BROWNING, THOMAS and RAWLINSON, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge.

Defendant/Appellant Jack A. Geston ("Geston") appeals his conviction for violations of 18 U.S.C. § 242 (unreasonable use of force under color of law) and 18 U.S.C. §§ 113(a)(3), (6) and (7) (assault with a dangerous weapon resulting in serious bodily harm). The government filed a cross-appeal of the sentence on the basis that the court erred in not enhancing Geston's sentence because he committed the offense...

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