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U.S. v. RUSSELL

No. 95-5300.

76 F.3d 808 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Garrett Lee RUSSELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1996.

Attorney(s) appearing for the Case

Charles P. Wisdom, Jr., Asst. U.S. Atty. (argued and briefed), Lexington, KY, Martin L. Hatfield, Asst. U.S. Atty., London, KY, for plaintiff-appellee.

Samuel Manly (argued and briefed), Louisville, KY, for defendant-appellant.

Before: CONTIE, BATCHELDER, and MOORE, Circuit Judges.

CONTIE, Circuit Judge.

Garrett Lee Russell ("Russell") asserts that his conviction for using and carrying a firearm during and in relation to a drug trafficking offense is not supported by sufficient evidence. Russell also argues that the district court improperly increased his sentence for unrelated criminal conduct not charged in the indictment. Though we affirm Russell's convictions, we vacate his sentence and remand this action to the district court for resentencing...

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