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U.S. v. SMITH

No. 93-9225.

54 F.3d 690 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 1995.

Attorney(s) appearing for the Case

Sheila Tyler, Jimmy Hardy, Federal Defender Program, Inc., Atlanta, GA, for appellant.

Joe D. Whitley, U.S. Atty., F. Gentry Shelnutt, Jr., Amy Levin Weil, Asst. U.S. Attys., Atlanta, GA, for appellee.

Before HATCHETT, Circuit Judge, HENDERSON, Senior Circuit Judge, and YOUNG, Senior District Judge.

HATCHETT, Circuit Judge:

Appellant, Fernando Smith, appeals his bank robbery conviction and sentence, asserting that (1) the district court improperly gave the jury an instruction pursuant to Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896); (2) the government presented insufficient evidence to sustain his conviction; (3) the district court erred in enhancing his sentence for possessing a firearm during...

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