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U.S. v. GARRETT

No. 94-10208.

56 F.3d 1207 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Dana Brete GARRETT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1995.

Attorney(s) appearing for the Case

David L. Titterington, Asst. Federal Public Defender, Phoenix, AZ, for defendant-appellant.

Darcy A. Cerow and Joan G. Ruffennach, Asst. U.S. Attys., Phoenix, AZ, for plaintiff-appellee.

Before: TANG, SCHROEDER, and REINHARDT, Circuit Judges.

SCHROEDER, Circuit Judge:

Appellant Dana Brete Garrett appeals from his 18-month sentence, imposed after a guilty plea, for the crime of bank fraud in violation of 18 U.S.C. § 1344. On appeal, Garrett's principal argument is that the district court misapplied U.S.S.G. § 5G1.3 by meting out an incorrect "incremental punishment." Because the district court failed to properly consider the commentary methodology of the Sentencing Guidelines or to explain, as...

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