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U.S. v. JOHNSON

No. 89-4048 Non-Argument Calendar.

934 F.2d 1237 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Irving Lamar JOHNSON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 1, 1991.

Attorney(s) appearing for the Case

Armando Garcia, Tallahassee, Fla., for defendant-appellant.

Paul Alan Sprowls, Asst. U.S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY and BIRCH, Circuit Judges.

TJOFLAT, Chief Judge:

In this appeal, the appellant challenges the prison sentence he received in the district court for robbing a federal credit union.1 See 18 U.S.C. § 2113(a) (1988). For the reasons that follow, we vacate appellant's sentence and remand the case to the district court for resentencing.

The appellant was charged, by indictment, with two section 2113(a) offenses...

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