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U.S. v. FIORE

No. 92-1601.

983 F.2d 1 (1992)

UNITED STATES of America, Appellee, v. Anthony FIORE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 9, 1992.

Attorney(s) appearing for the Case

John F. Cicilline, Providence, RI, for appellant.

Margaret E. Curran, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., and James H. Leavey, Asst. U.S. Atty., Providence, RI, were on brief, for U.S.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

This appeal asks us to decide a question of first impression: Does a prior conviction for conspiracy to break and enter a commercial structure qualify as a predicate offense for purposes of the career offender provisions of the federal sentencing guidelines? We answer the question in the affirmative and, therefore, allow the defendant's sentence to stand.

BACKGROUND

Defendant-appellant Anthony Fiore, a man of mature years but...

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