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U.S. v. ARGO

No. 89-30043.

925 F.2d 1133 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Stephen Donn ARGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 1991.

Attorney(s) appearing for the Case

Andrew Levchuk, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Steven T. Wax, Federal Public Defender, Portland, Or., for defendant-appellee.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.

ORDER

In its appeal from our unpublished Memorandum of January 19, 1990, 894 F.2d 410, the government argued that the district court erred in refusing to enhance Argo's sentence because of his prior first degree burglary convictions. We affirmed the judgment and the government petitioned for rehearing as did the defendant-appellee. Each party has responded to the other's petition.

We deferred ruling on the petitions for rehearing in this sentence enhancement...

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