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U.S. v. FADIPE

No. 94-10104.

43 F.3d 993 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Olufemi A. FADIPE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 1995.

Attorney(s) appearing for the Case

F. Clinton Broden, Asst. Fed. Public Defender, Ira Kirkendoll, Fed. Public Defender, Dianne K. Jones, Dallas, TX, for appellant.

Linda C. Groves, Asst. U.S. Atty., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before REAVLEY, DUHÉ and PARKER, Circuit Judges.

REAVLEY, Circuit Judge:

Olufemi A. Fadipe was convicted of bank fraud, in violation of 18 U.S.C. § 1344, and unlawful possession of a firearm by an illegal alien, in violation of 18 U.S.C. § 922(g)(5). He appeals the enhancement of his sentence under United States Sentencing Guidelines ("U.S.S.G.") § 2K2.1(b)(5). We vacate the sentence and remand for resentencing.

BACKGROUND

Fadipe submitted...

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