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U.S. v. CUFF

No. 92-30475.

999 F.2d 1396 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. William Phillip CUFF, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1993.

Attorney(s) appearing for the Case

John F. Deits, Asst. U.S. Atty., Portland, OR, for plaintiff-appellee.

Ellen C. Pitcher, Asst. Federal Public Defender, Portland, OR, for defendant-appellant.

Before: CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges.

PER CURIAM:

William P. Cuff, Jr. appeals his sentence imposed under the United States Sentencing Guidelines following a plea of guilty to theft of mail by a postal employee in violation of 18 U.S.C. § 1709. Cuff contends that the district court erred by adjusting his base offense level upward pursuant to Guidelines § 3B1.3 for abuse of trust. We have jurisdiction under 28 U.S.C. § 1291. We vacate the sentence and remand for resentencing.

Cuff...

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