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U.S. v. FLEMING

No. 93-1492.

9 F.3d 1253 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. David FLEMING, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Steven Pray O'Connor, Asst. U.S. Atty. Office of the U.S. Atty., Madison, WI, for plaintiff-appellee.

T. Christopher Kelly, Madison, WI, for defendant-appellant.

Before BAUER and MANION, Circuit Judges, and PELL, Senior Circuit Judge.

PER CURIAM.

David Fleming appeals an order of the district court sentencing him to eighteen months' imprisonment upon revocation of his supervised release. Fleming argues that the district court abused its discretion in calculating his sentence based on proof of a state felony conviction that is currently on appeal. U.S.S.G. §§ 7B1.1, 7B1.3 and 7B1.4.

On October 14, 1991, Fleming commenced a three-year period...

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