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U.S. v. MANN

No. 97-10045.

130 F.3d 1365 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Kee Yazzie MANN, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1997.

Attorney(s) appearing for the Case

Michael D. Gordon, Assistant Federal Public Defender, Phoenix, AZ, for defendant-appellant.

Linda C. Boone, Assistant United States Attorney, Phoenix, AZ, for plaintiff-appellee.

Before: FLETCHER, WIGGINS and RYMER, Circuit Judges.

WIGGINS, Circuit Judge:

Appellant Kee Yazzie Mann pled guilty to two counts of assault with a dangerous weapon in violation of 18 U.S.C. §§ 1153 and 113(a)(3) and one count of use of a firearm during a crime of violence in violation of 18 U.S.C. §§ 1153 and 924(c). The district court sentenced Mann to a provisional sentence of fifteen years under 18 U.S.C. § 4244(d). This provisional sentence reflected the statutory maximum for the charged...

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