U.S. v. CHERRY

No. 92-5422.

10 F.3d 1003 (1993)

UNITED STATES of America v. James Clifton CHERRY, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 6, 1993.


Attorney(s) appearing for the Case

Brian P. Reilly (argued), Asst. Federal Public Defender, Trenton, NJ, for appellant.

Michael Chertoff, U.S. Atty. and R. David Walk, Asst. U.S. Atty. (argued), Newark, NJ, for appellant.

Before: STAPLETON and COWEN, Circuit Judges, and DuBOIS, District Judge.


OPINION OF THE COURT

DuBOIS, District Judge.

I. INTRODUCTION

This appeal requires us to decide several issues which arise when the United States Sentencing Guidelines (U.S.S.G. or the "guidelines") do not contain a provision expressly applicable to the offense for which a defendant has been convicted and the district court applies a guideline deemed to be most analogous to the offense of conviction. We have jurisdiction pursuant to 18 U.S.C. &...

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