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U.S. v. SMITH

No. 95-8120.

127 F.3d 987 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Leon SMITH, III, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 31, 1997.

Attorney(s) appearing for the Case

Mildred H. Geckler, Federal Defender Program, Atlanta, GA, for Defendant-Appellant.

Richard M. Langway, Amy Weil, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and HILL, Senior Circuit Judge.

DUBINA, Circuit Judge:

I.

Appellant Harry Leon Smith, III, ("Smith") was indicted by a federal grand jury in the Northern District of Georgia in a one-count indictment. The indictment charged Smith with running a check-kiting scheme in violation of 18 U.S.C. § 1344. Initially, Smith entered a plea of not guilty to the indictment but later changed his plea to guilty. The probation officer recommended in her initial presentence report ("PSR") that Smith...

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