No. 97-4222.

158 F.3d 993 (1998)

UNITED STATES of America, Appellee, v. Timothy D. CASEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1998.

Attorney(s) appearing for the Case

Lisa G. Mathis-Peters, Little Rock, AR, argued, for appellant.

Michael D. Johnson, First Asst. U.S. Atty, Little Rock, AR, argued, for appellee.

Before BEAM and MURPHY, Circuit Judges, and MELLOY, District Judge.

BEAM, Circuit Judge.

Timothy D. Casey appeals his conviction and sentence. Casey entered a plea of guilty to one count of bank theft; two counts of counterfeiting and one count of access device fraud. He contends that the district court erred in sentencing him under the guideline applicable to burglary instead of that applicable to larceny. We reverse and remand.


The Secret Service and the FBI investigated ATM thefts, credit card fraud...

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