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U.S. v. THOMAS

No. 91-5719.

961 F.2d 1110 (1992)

UNITED STATES of America v. Robert Harry THOMAS, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 21, 1992.

Attorney(s) appearing for the Case

James V. Wade, Federal Public Defender, D. Toni Byrd (argued), Harrisburg, Pa., for appellant.

James J. West, U.S. Atty., Theodore B. Smith, III (argued), Asst. U.S. Atty., Harrisburg, Pa., for appellee.

Before: GREENBERG and COWEN, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal involves the validity of an upward departure under the Sentencing Guidelines. Because we find that the factors relied on by the district court in departing upward were adequately considered by the Sentencing Commission in formulating the Guidelines, we will vacate the sentence and remand for resentencing.

I.

Between June 1988 and March 1990, Robert Thomas purchased two shotguns, two...

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