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U.S. v. GROSS

No. 89-10098.

897 F.2d 414 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Lemont D. GROSS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1990.

Attorney(s) appearing for the Case

Martin R. Boyers, Asst. Federal Public Defender, Las Vegas, Nev., for defendant-appellant.

Anne Perry, Asst. U.S. Atty. and Richard J. Pocker, Chief Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before HALL, BRUNETTI and NOONAN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellant Lemont D. Gross ("Gross") appeals the sentence imposed by the district court under the Federal Sentencing Guidelines ("guidelines") Level 11, Category V, of 24 months' imprisonment for one count of use of a counterfeit access device, in violation of 18 U.S.C. § 1029(a)(1). Gross argues that the court should have given him a Category III rather than Category V rating for...

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