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U.S. v. MADDALENA

No. 89-1533.

893 F.2d 815 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Peter Michael MADDALENA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 21, 1989.

Rehearing Denied February 28, 1990.

Attorney(s) appearing for the Case

Donald A. Davis, Asst. U.S. Atty. (argued), Julie Ann Woods, Asst. U.S. Atty., Grand Rapids, Mich., Karen Skrivseth, Dept. of Justice, Crim. Div., Appellate Section, Washington, D.C., for plaintiff-appellee.

Timothy Young (argued), Lansing, Mich., for defendant-appellant.

Before KENNEDY and RYAN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

KENNEDY, Circuit Judge.

On February 21, 1989, defendant Peter Michael Maddalena pleaded guilty to one count of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). He appeals his sentence of 22 years' (264 months) imprisonment, to be followed by a five-year term of supervised release, and a $50 special assessment claiming the sentence is not in accordance with the guidelines. We agree that the District Court may have misunderstood its discretion under...

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