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U.S. v. KEMP

No. 90-10213.

938 F.2d 1020 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. J. Franklin KEMP, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1991.

Attorney(s) appearing for the Case

Jon M. Sands, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Janet L. Patterson, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before TANG, BOOCHEVER and NOONAN, Circuit Judges.

TANG, Circuit Judge:

J. Franklin Kemp pleaded guilty to an information charging him with bank robbery. At sentencing, the district court assessed Kemp two criminal history points for two prior convictions for "domestic violence." The court sentenced Kemp to forty-six months in prison. Kemp appeals his sentence. We vacate Kemp's sentence and remand for resentencing.

FACTS AND PROCEDURE

Kemp was charged with two counts of bank robbery in violation...

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