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U.S. v. KENNEDY

No. 89-3399.

893 F.2d 825 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby L. KENNEDY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1990.

Attorney(s) appearing for the Case

Catherine H. Killam (argued), Office of the U.S. Atty., Toledo, Ohio, for plaintiff-appellee.

Martin E. Mohler (argued), Mohler, Bingle & Henderson, Toledo, Ohio, for defendant-appellant.

Before: MILBURN and GUY, Circuit Judges; and LIVELY, Senior Circuit Judge.

MILBURN, Circuit Judge.

Defendant-appellant Bobby Lee Andrew Kennedy appeals the district court's upward departure from the United States Sentencing Guidelines in setting his sentence for two counts of armed robbery. For the reasons that follow, we vacate the sentence imposed and remand for resentencing.

I.

A.

On May 1, 1989, Kennedy was charged in an information with two counts of armed bank robbery in violation of 18 U.S.C. § 2113...

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