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U.S. v. SMITH

No. 89-8226 Non-Argument Calendar.

907 F.2d 133 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Philbert Ray SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 31, 1990.

Attorney(s) appearing for the Case

W. Douglas Adams, Brunswick, Ga. (Court-appointed), for defendant-appellant.

Kathryn M. Aldridge, Asst. U.S. Atty., Savannah, Ga., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and HENDERSON, Senior Circuit Judge.

TJOFLAT, Chief Judge:

Philbert Ray Smith appeals from an order of the district court revoking his probation and sentencing him to a term of incarceration. We vacate Smith's sentence and remand the case to the district court for resentencing.

I.

On August 15, 1988, Smith pled guilty to an information charging him with possession of counterfeit United States currency in violation of 18 U.S.C. § 472 (1988...

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