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U.S. v. FOSTER

No. 89-5505.

898 F.2d 25 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Marty Lee FOSTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1990.

Attorney(s) appearing for the Case

Geoffrey Carlyle Mangum, argued and Victor M. Lefkowitz, on brief, Law Firm of Victor M. Lefkowitz, Winston-Salem, N.C. for defendant-appellant.

Lisa Blue Boggs, Asst. U.S. Atty., and Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., for plaintiff-appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

Marty Lee Foster was convicted of violating 26 U.S.C. § 5861(f)1 (making a bomb) and was sentenced to 27 months imprisonment, 24 months of supervised release and a fifty dollar special assessment. Foster appeals his sentence. He argues that the district court erred in concluding that Foster's placing the bomb in Michael Brown's car was an assault with a dangerous weapon with intent to do bodily harm under ...

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