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UNITED STATES v. SWANGER

Nos. 90-1583, 90-1658 and 90-1659.

919 F.2d 94 (1990)

UNITED STATES of America, Appellee, v. Richard F. SWANGER, Appellant. UNITED STATES of America, Appellee, v. Steven C. GEORGE, Appellant. UNITED STATES of America, Appellee, v. John A. GEORGE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 19, 1990.

Attorney(s) appearing for the Case

Mary C. Gryva, Omaha, Neb., for Richard F. Swanger.

Julia A. Frank and Mark J. Slowiaczek, Omaha, Neb., for Steven C. George and John A. George.

Michael P. Norris, Omaha, Neb., for appellee.

Before LAY, Chief Judge, and FAGG, Circuit Judge, and LARSON, Senior District Judge.

PER CURIAM.

This opinion supplements our order of October 25, 1990. The defendants were sentenced under the Sentencing Guidelines pursuant to 18 U.S.C. § 3553(a)(4) which provides that:

The court, in determining the particular sentence to be imposed, shall consider — * * * * * * (4) the kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable...

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