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UNITED STATES v. LAWAL

No. 86-2347.

810 F.2d 491 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Emmanuel O. LAWAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 1987.

Attorney(s) appearing for the Case

Tom Berg, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

Henry K. Oncken, U.S. Atty., Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before POLITZ, JOHNSON, and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

In this criminal appeal, the appellant Emmanuel Lawal contends that the district court failed to comply with Fed.R.Crim.P. 32(c)(3)(D) in imposing a ten-year sentence. We agree. Because the district court did not apply Rule 32 correctly, we vacate the sentence and remand the case to the district court for resentencing.

Following a guilty plea, Lawal was convicted of mail fraud, 18 U.S.C. § 1341, using a false name in a scheme to...

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