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U.S. v. HARRIS

No. 95-2047.

70 F.3d 1001 (1995)

UNITED STATES of America, Appellee, v. Kevin Guy HARRIS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1995.

Attorney(s) appearing for the Case

Richard H. Kyle, Jr., Minneapolis, Minnesota, argued, for appellant.

D. Gerald Wilhelm, Minneapolis, Minnesota, argued, for appellee.

Before FAGG, LAY, and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

Appellant, Kevin Guy Harris, pleaded guilty pursuant to a plea agreement to aiding and abetting the transfer of stolen property in interstate commerce. Harris appeals the district court's sentence, which included an upward departure pursuant to section 5K2.0 of the guidelines to punish Harris for his participation in a robbery that preceded his offense of conviction. We reverse and remand.

BACKGROUND

On April 18, 1994, Harris...

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