UNITED STATES of America, Plaintiff-Appellee,
v.
Michael Irvin WILLARD, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 9, 1990.
Decided July 18, 1990.
Attorney(s) appearing for the Case
Margaret Brooke Murdock, Asst. Federal Public Defender, Baltimore, Md., argued (Fred Warren Bennett, Federal Public Defender, Baltimore, Md., on the brief), for defendant-appellant.
Gregory Welsh, Asst. U.S. Atty., Baltimore, Md., argued (Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., on the brief), for plaintiff-appellee.
Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.
United States Court of Appeals, Fourth Circuit.
MURNAGHAN, Circuit Judge:
The Second Circuit, in United States v. Bermingham,855 F.2d 925 (2d Cir.1988), enunciated the overlapping guidelines doctrine, whereby disputes as to applicable sentencing guidelines ranges need not be resolved when the sentence imposed would be the same under either of the potentially applicable ranges. We previously have accepted the overlapping guidelines...
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