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U.S. v. STREIT

No. 90-10509.

962 F.2d 894 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Allen L. STREIT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 23, 1992.

As Amended May 19, 1992.

Attorney(s) appearing for the Case

Stanley M. Slonaker, Phoenix, Ariz., for defendant-appellant.

Linda C. Boone, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before: GOODWIN, NORRIS, and THOMPSON, Circuit Judges.

GOODWIN, Circuit Judge:

Allen L. Streit appeals his sentence under the Sentencing Guidelines and his conviction, following a jury trial, for assault on a federal officer and for using or carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 111, 1114, and 924(c). We affirm Streit's conviction but vacate his sentence and remand to the district court for resentencing.

I. BACKGROUND

A. Facts

On January 24,...

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