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U.S. v. WERLINGER

No. 89-5269.

894 F.2d 1015 (1990)

UNITED STATES of America, Appellee, v. Dennis Allen WERLINGER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1990.

Attorney(s) appearing for the Case

William Kirschner, Fargo, N.D., for appellant.

Lynn E. Crokks, Fargo, N.D., for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and LARSON, Senior District Judge.

LAY, Chief Judge.

Dennis Werlinger pleaded guilty to one count of bank embezzlement in violation of 18 U.S.C. § 656 (1982). The district court sentenced Werlinger to twenty-seven months imprisonment. Under the Sentencing Guidelines, Werlinger received an offense level of ten because the amount he embezzled was between $500,001 and $1 million. See United States Sentencing Guidelines § 2B1.1(b)(1)(K) (1988). In addition, the district court

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