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U.S. v. FOSTER

No. 88-4483 Summary Calendar.

876 F.2d 377 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky FOSTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 1989.

Attorney(s) appearing for the Case

Gordan N. Blackman, Jr., Shreveport, La., court appointed, for defendant-appellant.

Antonia G. Darling, William J. Flanagan, Joseph S. Cage, Jr., U.S. Attys., Shreveport, La., for plaintiff-appellee.

Before REAVLEY, JONES and DUHE, Circuit Judges.

DUHE, Circuit Judge:

Ricky Foster pleaded guilty to photographing federal reserve notes with the intent to counterfeit in violation of 18 U.S.C. § 474. He appeals his sentence under the sentencing guidelines. Because the district court improperly applied the guidelines to its factual findings, we reverse and remand for resentencing.

Foster's constitutional challenge to the sentencing commission and sentencing guidelines is rejected. U.S. v. Mistretta...

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