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U.S. v. WYJACK

No. 97-50630.

141 F.3d 181 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Gregg WYJACK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 7, 1998.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Joseph H. Gay, Jr., Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellant.

Adrienne Urrutia Zuflacht, Asst. Fed. Pub. Defender, San Antonio, TX, for Defendant-Appellee.

Before WIENER, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:

Primarily at issue is whether, pursuant to an Application Note to U.S.S.G. § 2B5.1(b)(2), the use of a photocopying machine to produce counterfeit currency precludes applying that section's sentence enhancement, which mandates an offense level of 15 for use of a counterfeiting device. The Government appeals the sentence imposed on Thomas Gregg Wyjack, who pleaded guilty to three counts involving the counterfeiting, by use of a photocopying machine...

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