U.S. v. ASHBURN

No. 93-1067.

20 F.3d 1336 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Scott ASHBURN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Order Granting Rehearing July 1, 1994.


Attorney(s) appearing for the Case

Timothy J. Henry, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, TX, for appellant.

Christopher Stokes, Joe C. Lockhart, Asst. U.S. Attys., Richard H. Stephens, U.S. Atty., Fort Worth, TX, for appellee.

Before GOLDBERG, DAVIS, and DeMOSS, Circuit Judges.


Order Granting Rehearing En Banc July 1, 1994.

GOLDBERG, Circuit Judge:

Philip Scott Ashburn appeals the sentence given him after he pleaded guilty to two counts of bank robbery in violation of 18 U.S.C. § 2113(a). At Ashburn's sentencing hearing, the district court adopted the Pre-sentence Investigation Report's (PSI) calculation of the defendant's Guideline range under the Sentencing Guidelines. The sentencing court overruled all but one of Ashburn...

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