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U.S. v. MARIN

No. 90-5737.

961 F.2d 493 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert John MARIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1992.

Attorney(s) appearing for the Case

Anthony George Spencer, Morchower, Luxton & Whaley, Richmond, Va., argued (John W. Luxton, on brief), for defendant-appellant.

N. George Metcalf, Asst. U.S. Atty., Richmond, Va., argued (Henry E. Hudson, U.S. Atty., Monica Kowalski, Third Year Law Intern, on brief), for plaintiff-appellee.

Before RUSSELL, WIDENER, and WILKINS, Circuit Judges.

OPINION

WILKINS, Circuit Judge:

Herbert John Marin pled guilty to four counts of making a materially false statement in connection with the acquisition of firearms, 18 U.S.C.A. § 922(a)(6) (West Supp.1991) and six counts of unlawfully receiving a firearm while under indictment, 18 U.S.C.A. § 922(n) (West Supp.1991). Departing upward from Marin's applicable sentencing guideline range, the district court imposed a sentence of 24 months from which...

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