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U.S. v. RIVERS

No. 90-5656.

929 F.2d 136 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory Robert RIVERS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1991.

Attorney(s) appearing for the Case

Christopher B. Mead, Asst. U.S. Atty., argued (Breckinridge L. Willcox, U.S. Atty., Roann Nichols, Asst. U.S. Atty., on brief), Baltimore, Md., for plaintiff-appellant.

Margaret Brooke Murdock, Asst. Federal Public Defender, argued (Fred Warren Bennett, Federal Public Defender, D. Md., on brief), Baltimore, Md., for defendant-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and MULLEN, District Judge for the Western District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

This is an appeal by the United States from a finding made by the sentencing court that Gregory Rivers' two prior armed robbery convictions had been consolidated and merged into one offense for the purposes of the United States Sentencing Guidelines, and that for sentencing on his present offenses — two bank robberies — he was not a "career offender" under U.S.S.G. § 4B1.1.1

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