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U.S. v. AMIS

No. 90-5133.

926 F.2d 328 (1991)

UNITED STATES of America v. Pennel AMIS, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Andrew C. Fried, Eileen M. Egan, Lorber, Schneider, Nuzzi, Vichness & Bilinkas, Fairfield, N.J., for appellant.

Edna B. Axelrod, Chief, Appeals Div., R. David Walk, Jr., Asst. U.S. Atty., Michael Chertoff, U.S. Atty., Newark, N.J., for appellee.

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

Submitted under Third Circuit Rule 12(6) February 21, 1991.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This case involves the interplay between the career offender provisions of the sentencing guidelines, guidelines § 4B1.1, and the sentence enhancement provisions of 21 U.S.C. § 841(a)(1). In particular the question is whether the guideline should be applied to the "Offense Statutory Maximum" as enhanced by prior convictions of the...

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