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U.S. v. NEWMAN

Nos. 92-10362, 92-10412 and 92-10566.

6 F.3d 623 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Gary A. NEWMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1993.

Attorney(s) appearing for the Case

Negatu Molla, Kimble, Gothreau & Nelson, Tucson, AZ, for defendant-appellant.

Robert L. Miskell, Asst. U.S. Atty., Tucson, AZ, for plaintiff-appellee.

Before: POOLE, BOOCHEVER and FERNANDEZ, Circuit Judges.

POOLE, Circuit Judge:

Gary A. Newman appeals his conviction and sentence, following a jury trial, for one count of setting a fire willfully and without authority in a National Forest in violation of 18 U.S.C. § 1855. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291. We affirm Newman's conviction, but we vacate his sentence and remand for recalculation of the offense level and reconsideration of restitution in light of Newman's ability...

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