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U.S. v. PAYNE

No. 90-5386.

952 F.2d 827 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Osamu Miyagi PAYNE, a/k/a Sammy Payne, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 31, 1991.

As Amended December 31, 1991.

Attorney(s) appearing for the Case

T. Patrick Matus, Bender & Matus, argued, Charlotte, N.C., for defendant-appellant.

Thomas Michael Gannon, U.S. Dept. of Justice, Washington, D.C., argued (Thomas J. Ashcraft, U.S. Atty., Carl Horn, Asst. U.S. Atty., Charlotte, N.C., on brief), for plaintiff-appellee.

Before MURNAGHAN, Circuit Judge, and HOWARD, United States District Judge for the Eastern District of North Carolina, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

Upon pleading guilty to one count in a three-count indictment, Appellant Osamu Miyagi Payne was convicted of violating Title 18, U.S. Code, Sections 471-473 and 371, for his role in a conspiracy to produce and transfer counterfeit U.S. currency. In accordance with the terms of the plea agreement, the district court applied the United States Sentencing Guidelines. Appellant was sentenced to 36 months imprisonment, followed...

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