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U.S. v. WILSON

No. 92-50585.

7 F.3d 828 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. William R. WILSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1993.

As Amended on Denial of Rehearing or Clarification November 3, 1993.

Attorney(s) appearing for the Case

Michael J. Dowd, Erb & Dowd, San Diego, CA, for defendant-appellant.

Patrick K. O'Toole, Asst. U.S. Atty., argued and on brief, Michael G. Wheat, Asst. U.S. Atty., on the brief; San Diego, CA, for plaintiff-appellee.

Before: BROWNING, TANG, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

William Ralph Wilson appeals his convictions and sentences following two jury trials. We affirm the convictions but remand for resentencing because the district court failed to state its reasons for sentencing Wilson at the top of the applicable guideline range.

FACTS AND PROCEEDINGS

At approximately 8:00 p.m. on July 29, 1991, United States Border Patrol Agent Teeple stopped a 1987...

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