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U.S. v. O'BRIEN

Nos. 93-30287, 93-30297 and 93-30299.

50 F.3d 751 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas M. O'BRIEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edward B. GALLUP, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Patrick W. LYON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted October 3, 1994.

Decided March 23, 1995.

Attorney(s) appearing for the Case

James M. Roe, Seattle, WA, for defendant-appellant Gallup.

Lynn M. Reilly, Stoel, Rives, Boley, Jones & Grey, Seattle, WA, for defendant-appellant O'Brien.

Frederick D. Leatherman, Jr., Seattle, WA, for defendant-appellant Lyon.

Louis M. Fisher, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: WOOD, Jr., HUG, and TANG, Circuit Judges.

Argued and Submitted as to Defendant-Appellant Gallup October 3, 1994.

Submitted* as to Defendants-Appellants O'Brien and Lyon October 3, 1994.

TANG, Senior Circuit Judge:

Thomas M. O'Brien, Edward B. Gallup, and Patrick W. Lyon appeal the district court's imposition of a two-level enhancement of their sentences based on victim vulnerability under United States Sentencing Guidelines ("U.S.S.G.") § 3A1.1. A jury had...

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