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U.S. v. DUSO

No. 93-2383.

42 F.3d 365 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence C. DUSO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Michael Hluchaniuk, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Bay City, MI, for plaintiff-appellee.

Thomas J. Plachta (argued and briefed), Brady & Plachta, Bay City, MI, for defendant-appellant.

Before: GUY and BATCHELDER, Circuit Judges; and McKEAGUE, District Judge.

RALPH B. GUY, JR., Circuit Judge.

This case was earlier appealed, and, although we upheld Duso's conviction, we vacated his sentence and remanded for resentencing. 992 F.2d 1217. The sentence was vacated because of an inadequate factual basis set forth by the district judge to support the upward departure he made in the sentence. In the opinion remanding, we stated:

Upon remand, the court may consider whether the...

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