U.S. v. KANE

No. 88-1402.

876 F.2d 734 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin P. KANE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1989.


Attorney(s) appearing for the Case

Daniel Bent, U.S. Atty., Mark J. Bennett, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellant.

Michael R. Levine, Federal Public Defender, Thomas W. Murphy, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant-appellee.

Before HUG, SCHROEDER and CANBY, Circuit Judges.


HUG, Circuit Judge:

In this appeal, the government seeks a reversal of defendant Kevin P. Kane's sentence and a remand for resentencing within the guidelines promulgated by the United States Sentencing Commission under 28 U.S.C. § 994(a)(1) (Supp.V 1987) (the "guidelines"). Kane pleaded guilty to three counts of residential burglary within the special maritime and territorial jurisdiction of the United States in violation of 18 U.S.C. § 13 (1982) and Haw...

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