U.S. v. SPELL

No. 93-4764. Non-Argument Calendar.

44 F.3d 936 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Barry Lawrence SPELL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 9, 1995.


Attorney(s) appearing for the Case

Joel Kaplan, Miami, FL, for appellant.

Lynne Lamprecht, Linda C. Hertz, Anne M. Hayes, Asst. U.S. Attys., Miami, FL, for appellee.

Before KRAVITCH, ANDERSON and BLACK, Circuit Judges.


PER CURIAM:

Appellant challenges his bank robbery sentence, arguing that the district court improperly treated him as a "career offender" under § 4B1.1 of the Sentencing Guidelines. We reverse and remand to the district court for resentencing.

I. BACKGROUND

A federal grand jury indicted Appellant Barry Spell on three counts of bank robbery in violation of 18 U.S.C. § 2113(a) (West Supp.1994). In March 1993, Appellant entered into a plea...

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