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U.S. v. MUSCHIK

No. 93-30461.

89 F.3d 641 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee MUSCHIK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 15, 1996.

Attorney(s) appearing for the Case

Kris A. McLean, Assistant United States Attorney, Helena, Montana, for plaintiff-appellee.

William M. Brooke, Moore, O'Connell & Refling, Bozeman, Montana, for defendant-appellant.

Before HUG, Chief Judge, and WOOD, Jr., and TROTT, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge:

On January 22, 1996, the Supreme Court vacated this court's decision in United States v. Muschik, 49 F.3d 512 (9th Cir.1995), and remanded the case to us for further consideration in light of its recent decision, Neal v. United States, 516 U.S. ___, 116 S.Ct. 763, 133 L.Ed.2d 709 (1996). We now affirm the sentence that the district court originally imposed on December 6, 1993.

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