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UNITED STATES v. HARKEY

No. 89-30057.

923 F.2d 138 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Eugene HARKEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed December 4, 1989.

Opinion Withdrawn January 4, 1991.

Filed January 4, 1991.

Attorney(s) appearing for the Case

Andrew Levchuk, United States Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Ephraim Margolin, San Francisco, Cal., for defendant-appellee.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.

ORDER

In our opinion filed December 4, 1989, cited at 890 F.2d 1082, we affirmed the sentence given by the district court, holding that a conviction under Washington's second degree burglary statute could not serve as a basis for sentence enhancement. The district judge had relied on prior Ninth Circuit authority in United States v. Chatman, 869 F.2d 525 (9th Cir.1989) and United States...

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