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U.S. v. MOORE

No. 92-4281.

6 F.3d 715 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. James Thomas MOORE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 8, 1993.

Attorney(s) appearing for the Case

Sheryl Joyce Lowenthal, Coral Gables, FL, for defendant-appellant.

Linda Collins Hertz, Alice Ann Burns, Jeffrey H. Sloman, Asst. U.S. Attys., Miami, FL, for plaintiff-appellee.

Before COX and BIRCH, Circuit Judges, and SMITH, Senior Circuit Judge.

BIRCH, Circuit Judge:

This appeal presents the issues of using prior unconvicted bank robberies and an alleged threat of death as the bases for increasing a Guidelines sentence. The district court respectively accorded an adjustment and an enhancement on these grounds. We AFFIRM on different grounds the district court's adjustment for the unconvicted robberies and REVERSE and REMAND for resentencing the enhancement for an express threat of death.

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