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U.S. v. GARNER

No. 90-3361.

940 F.2d 172 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Herman Eugene GARNER, III, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1991.

Attorney(s) appearing for the Case

Linda M. Betzer, Asst. U.S. Atty., Office of the U.S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Stuart J. Banks, Youngstown, Ohio, for defendant-appellant.

Before MARTIN and JONES, Circuit Judges, and ENGEL, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Herman Eugene Garner III, appeals the sentence imposed following his guilty plea for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Specifically, Garner contests the district court's two-level enhancement in his base offense for possession of a firearm. For the following reasons, we vacate Garner's sentence and remand this matter to the district...

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