U.S. v. KIMMONS

Nos. 90-5413, 90-5432.

965 F.2d 1001 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. William KIMMONS, Howard Small, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Bruce Lee BERTA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 8, 1992.


Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Gregory A. Prebish, Alison Marie Igoe, Asst. Federal Public Defenders, Miami, Fla., for Small.

Kenneth P. Speiller, Miami, Fla., for Kimmons.

Dexter W. Lehtinen, U.S. Atty., Frank H. Tamen, Lynne W. Lamprecht, Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for U.S.

Henry M. Bugay, Miami, Fla., for Berta.

Before FAY, Circuit Judge, DYER and CLARK, Senior Circuit Judges.


FAY, Circuit Judge:

In this consolidated appeal, William Kimmons, Howard Small, and Bruce Lee Berta challenge the district court's application of the United States Sentencing Guidelines. In addition, Small and Kimmons raise claims concerning the validity of their convictions. The appellants were charged with conspiracy to affect commerce by robbery of armored car companies, in violation of 18 U.S.C. § 1951(a), and with related firearms offenses. A jury convicted...

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