U.S. v. NOLDER

No. 88-2648.

887 F.2d 140 (1989)

UNITED STATES of America, Appellee, v. Duane Edward NOLDER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 4, 1989.


Attorney(s) appearing for the Case

Philip M. Moomaw, Springfield, Mo., for appellant.

Karen Skrivset, Dept. of Justice, Washington, D.C., for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.


WOLLMAN, Circuit Judge.

Duane Edward Nolder appeals the sentence imposed by the district court under the Federal Sentencing Guidelines, promulgated pursuant to the Sentencing Reform Act of 1984, 18 U.S.C. §§ 3551-3586 and 28 U.S.C. §§ 991-998. In particular, Nolder challenges the applicability of section 4B1.3, the Criminal Livelihood guideline, which provides sentence enhancement for a defendant who commits an offense "as part of a pattern of...

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