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U.S. v. ZELAYA

No. 95-10291.

114 F.3d 869 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Scottie Lee ZELAYA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Staniels, Chief Assistant Federal Defender, Sacramento, California for appellant.

Richard Pachter, Assistant United States Attorney, Sacramento, California for appellee.

Before: HUG, Chief Judge, THOMPSON and KLEINFELD, Circuit Judges.

OPINION

HUG, Chief Judge.

Appellant Scottie Lee Zelaya appeals from the 37-month sentence imposed following his guilty plea and subsequent conviction on a charge of bank robbery, in violation of 18 U.S.C. § 2113(a). Because we conclude that the district court improperly applied a sentence enhancement in determining Zelaya's sentence, we vacate Zelaya's sentence and remand for resentencing.

I. Background

The facts surrounding the bank...

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