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U.S. v. HENRY

No. 88-8590.

883 F.2d 1010 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald HENRY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 15, 1989.

Attorney(s) appearing for the Case

Pamela I. Perry, Bierman, Shohat & Loewy, P.A., Miami, Fla., for defendant-appellant.

Hinton R. Pierce, U.S. Atty., Savannah, Ga., William H. McAbee, II, Asst. U.S. Atty., for plaintiff-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

This case presents the question whether the acceptance of responsibility provision, section 3E1.1, of the Sentencing Guidelines1 violates either the fifth or sixth amendment to the Constitution.2 Appellant contends that section 3E1.1 violates the fifth amendment3 where, as here, the defendant has testified to his innocence...

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