U.S. v. KELLY

Nos. 92-2347, 92-2492.

989 F.2d 980 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Allen KELLY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Gary Allen KELLY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 1, 1993.


Attorney(s) appearing for the Case

Thomas H. Shiah, Minneapolis, MN, argued, for defendant-appellant.

Jeanne J. Graham, Asst. U.S. Atty., Minneapolis, MN, argued (Jon M. Hopeman, Asst. U.S. Atty., on the brief), for plaintiff-appellee.

Before McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges and BENSON, Senior District Judge.


BENSON, Senior District Judge.

Defendant Gary Allen Kelly appeals his conviction for violation of 18 U.S.C. §§ 2, 371, and 2423. He also appeals from the enhancement of his sentence. U.S.S.G. § 2G1.2(b)(1). The United States has cross appealed the district court's decision to disregard defendant's conduct relative to victim I.L.B., for purposes of computing defendant's sentence.

Kelly's conviction is affirmed. The case is remanded to the district...

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