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U.S. v. HOLMES

Nos. 91-5365, 91-5443.

975 F.2d 275 (1992)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Lee D. HOLMES, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1992.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Lexington, Ky., Frederick A. Stine, V, Asst. U.S. Atty. (argued and briefed), Covington, Ky., for plaintiff-appellee, cross-appellant.

Larry Hicks (argued and briefed), Fort Mitchell, Ky., for defendant-appellant, cross-appellee.

Before: GUY, NORRIS and BATCHELDER, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

Defendant, Lee David Holmes, was charged with three counts of transporting a firearm in interstate commerce with intent to commit a felony, in violation of 18 U.S.C. § 924(b). At the conclusion of his trial, on January 24, 1990, the jury found him guilty on two of the counts and not guilty on the third count. Pursuant to a downward departure from the term calculated under the Sentencing Guidelines, he was sentenced to thirty-six...

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