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U.S. v. WHITE

No. 96-6016.

118 F.3d 739 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin Elroy WHITE, a.k.a Robert Lee Rios, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 6, 1997.

Attorney(s) appearing for the Case

Rick Burgess, Birmingham, AL, for Defendant-Appellant.

Carolyn Steverson, Carl P. Privett, Walter E. Braswell, Asst. U.S. Attys., Birmingham, AL, for Plaintiff-Appellee.

Before BIRCH, Circuit Judge, RONEY, Senior Circuit Judge, and O'KELLEY, Senior District Judge.

RONEY, Senior Circuit Judge:

Melvin Elroy White pled guilty to ten counts of transportation of stolen monies in interstate commerce in violation of 18 U.S.C. § 2314. He appeals his sentence on the ground that the district court erred in departing upward after it decided that the Sentencing Commission had failed to consider adequately the factors contained in 18 U.S.C. § 2326, part of the Senior Citizens Against Marketing Scams Act of 1994 (hereinafter "the...

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