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U.S. v. SUTTON

No. 95-40184.

77 F.3d 91 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Lee SUTTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 16, 1996.

Attorney(s) appearing for the Case

Randall Lynn Fluke, Assistant U.S. Attorney, Sherman, TX, for plaintiff-appellee.

Ronald Wayne Uselton, Sherman, TX, for defendant-appellant.

Before DeMOSS and DENNIS, Circuit Judges, and DUPLANTIER, District Judge.

DeMOSS, Circuit Judge:

Defendant Timothy Lee Sutton appeals the application of the sentencing guidelines to his conviction for conspiracy to sell stolen vehicles. Sutton appeals (1) the district court's enhancement of his base offense level because he was "in the business of receiving and selling stolen property" and (2) the method the district court used in calculating the amount of the loss.

BACKGROUND

Sutton ran Elite Car Sales, a used car dealership...

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