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U.S. v. BERNARDINE

No. 94-4240.

73 F.3d 1078 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Donn Darryl BERNARDINE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 29, 1996.

Attorney(s) appearing for the Case

James L. Eisenberg, West Palm Beach, FL, for Appellant.

Kendall Coffey, U.S. Attorney, Miami, FL, Thomas H. Duke, Marc Fagelson, Linda Collins Hertz, Dawn Bowen, Ft. Lauderdale, for Appellee.

Before ANDERSON and BARKETT, Circuit Judges, and YOUNG, Senior District Judge.

BARKETT, Circuit Judge:

Donn Darryl Bernardine appeals from a sentence imposed by the district court following his guilty pleas to conspiring to deal in firearms without a license and making false statements to a federally licensed firearms dealer, see 18 U.S.C. §§ 371, 922(a)(1)(A) & 924(a)(1)(A). Bernardine argues on appeal that the district court erred in enhancing his base offense level by two levels on the ground that he was a marijuana user...

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