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U.S. v. MICHAEL

No. 89-1274.

894 F.2d 1457 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Keith Francis MICHAEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 1990.

Attorney(s) appearing for the Case

Wes Ball, Arlington, Tex. (court appointed), for defendant-appellant.

Joe C. Lockhart, J. Michael Worley, Asst. U.S. Attys., and Marvin Collins, U.S. Atty., Ft. Worth, Tex., for plaintiff-appellee.

Before HIGGINBOTHAM, SMITH and DUHE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Keith Francis Michael pleaded guilty to a charge of knowingly and unlawfully making a firearm identified as a pipe bomb, in violation of 26 U.S.C. §§ 5861(f) and 5871. Michael's sentence consisted of five years' imprisonment, a subsequent three-year term of supervised release, and a $50 mandatory special assessment. Michael appeals both the five-year sentence, arguing it is an unjustified departure from the sentencing guidelines...

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