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U.S. v. CORNISH

Nos. 95-2086, 95-2101.

103 F.3d 302 (1997)

UNITED STATES of America, Appellant at No. 95-2086, v. Anthony CORNISH, a/k/a Jerjuan Mitchall, Appellant at No. 95-2101.

United States Court of Appeals, Third Circuit.

Decided January 3, 1997.

Sur Petition for Rehearing January 31, 1997.

Attorney(s) appearing for the Case

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Clement J. McGovern, III (argued), Special Assistant United States Attorney, Philadelphia, PA, for Appellant/Cross-Appellee.

Maureen Kearney Rowley, Chief Federal Defender, Elaine DeMasse, Senior Appellate Counsel, Robert Epstein (argued), Assistant Federal Defender, Philadelphia, PA, for Appellee/Cross-Appellant.

BEFORE: SCIRICA and ROTH, Circuit Judges, and RESTANI, Judge, Court of International Trade.

OPINION OF THE COURT

RESTANI, Judge.

This action is before the court on appeal by the United States and cross-appeal by defendant Anthony Cornish a/k/a Jerjuan Mitchall ("Cornish"). The government contests the district court's determination that Cornish's prior third degree robbery conviction is not a "violent felony" for sentence enhancement purposes, while Cornish challenges the district court's jury instructions...

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