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U.S. v. FITZWATER

Nos. 89-3556, 89-3557 and 89-3593.

896 F.2d 1009 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Jay FITZWATER, (89-3557/3593), Clayton Colwell, Jr., (89-3556), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1990.

Attorney(s) appearing for the Case

Terry Lehmann (argued), Office of the U.S. Atty., Cincinnati, Ohio, for U.S.

E. Hanlin Bavely (argued), Cincinnati, Ohio, for Clayton Colwell, Jr.

H. Donald Hawkins (argued), Dayton, Ohio, for Jerry Jay Fitzwater.

Before MILBURN and ALAN E. NORRIS, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Defendants-appellants Colwell and Fitzwater appeal their sentences imposed by the district court for violating 18 U.S.C. § 2113(a) and (d) and 18 U.S.C. § 924(c), arguing that the court erroneously departed from the sentencing range established by the United States Sentencing Commission Guidelines ("the Guidelines").

I.

On December 16, 1988, a federal grand jury returned a three-count indictment charging defendants...

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