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U.S. v. MARSANICO

No. 94-3585.

61 F.3d 666 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John C. MARSANICO, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1995.

Attorney(s) appearing for the Case

Nancy Graven, Springfield, MO, argued, for appellant.

Douglas C. Bunch, Springfield, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, MURPHY, Circuit Judge, and DAVIS, District Judge.

DAVIS, District Judge

John Marsanico appeals the district court's sentence of 21 months to run consecutively with a 41 month sentence imposed by the United States District Court for the Western District of Washington. Marsanico argues that the district court erred by imposing a sentence at the top of the guideline range and in ordering the term of imprisonment to run consecutively to his undischarged Washington sentence. We vacate the sentence and remand for resentencing...

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