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U.S. v. VALENTINE

No. 92-9215.

21 F.3d 395 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Vance Jamal VALENTINE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 23, 1994.

Attorney(s) appearing for the Case

James Ellison, Augusta, GA, for appellant.

Richard H. Goolsby, Asst. U.S. Atty., Augusta, GA, for appellee.

Before TJOFLAT, Chief Judge, EDMONDSON and CARNES, Circuit Judges.

TJOFLAT, Chief Judge:

In this case, we must decide whether the district court's upward departure from the range prescribed by the sentencing guidelines comported with the rule enunciated by the Supreme Court in Burns v. United States, 501 U.S. 129, 111 S.Ct. 2182, 115 L.Ed.2d 123 (1991). Since we find that the departure was not proper, we vacate the sentence and remand for resentencing...

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