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U.S. v. McALLISTER

No. 90-1741.

927 F.2d 136 (1991)

UNITED STATES of America, Appellant, v. Ronald McALLISTER.

United States Court of Appeals, Third Circuit.

Decided March 1, 1991.

Attorney(s) appearing for the Case

Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, and Frederick G. Herold, Asst. U.S. Atty., Philadelphia, Pa., for appellant.

Larry A. Colston, Philadelphia, Pa., for appellee.

Before GREENBERG and COWEN, Circuit Judges, and FISHER, District Judge.

Submitted under Third Circuit Rule 12(6) February 19, 1991.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

The United States, with the personal approval of the Solicitor General, appeals pursuant to 18 U.S.C. § 3742(b)(2) on the grounds that the sentence in this criminal case was imposed as a result of an incorrect application of the sentencing guidelines. Inasmuch as we are deciding the case as a matter of law by construction of the guidelines...

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