No. 88-3826.

889 F.2d 1531 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Ira SILVERMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1989.

Attorney(s) appearing for the Case

Terry Lehmann (argued), Office of the U.S. Atty., Cincinnati, Ohio, James E. Rattan, and John O. Braud, Asst. U.S. Attys., Office of the U.S. Atty., Columbus, Ohio, for plaintiff-appellee.

David H. Bodiker (argued), Bodiker & Holland, Columbus, Ohio, for defendant-appellant.

Before JONES, WELLFORD and GUY, Circuit Judges.

WELLFORD, Circuit Judge.

Defendant Ira Silverman appeals the sentence imposed by the district court pursuant to the Federal Sentencing Guidelines (Guidelines), the constitutionality of which was recently upheld in Mistretta v. United States, ___ U.S. ___, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989). For the following reasons, we remand the case to the district court for further consideration as required by 18 U.S.C. § 3742(f)(1).

On March 17, 1988, a...


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