U.S. v. RODGERS

No. 90-7140.

972 F.2d 1253 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. George RODGERS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 22, 1992.


Attorney(s) appearing for the Case

T. Jefferson Deen, III, Clark, Deen & Copeland, P.C., Mobile, Ala., for defendant-appellant.

Charles A. Kandt, Richard H. Loftin, Asst. U.S. Attys., George A. Martin, Mobile, Ala., for plaintiff-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.


Prior report: 11 Cir., 951 F.2d 1220.

PER CURIAM:

The last paragraph of part A of our 28 January 1992 opinion is hereby withdrawn in its entirety. In its place we make this statement:

We see no reason to differ from the conclusion reached in other circuits on this question. The district court erred in assessing the three level increase.

The judgment of the Court and the remainder of the opinion...

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