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U.S. v. HERNANDEZ

No. 97-2026.

134 F.3d 1435 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Steve D. HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 23, 1998.

Attorney(s) appearing for the Case

Jeffrey J. Buckels Albuquerque, NM, appearing for appellant.

Norman C. Bay, Assistant United States Attorney (John J. Kelly, United States Attorney, Albuquerque, NM, with him on the brief), appearing for appellee.

Before SEYMOUR, Chief Judge, MURPHY, Circuit Judge and McWILLIAMS, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

Pursuant to a plea agreement with the United States, Steve D. Hernandez pleaded guilty to a one-count criminal information charging him with taking by force, violence and intimidation money belonging to the Bank of America in Albuquerque, New Mexico, the deposits of which were insured by the Federal Deposit Insurance Corporation, in violation of 18 U.S.C. § 2113(a). At sentencing, the district court raised Hernandez' base offense...

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