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U.S. v. KUSHMAUL

No. 97-1163.

147 F.3d 498 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jason E. KUSHMAUL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1998.

Attorney(s) appearing for the Case

Jeffrey E. Theodore (argued and briefed), Asst. U.S. Attorney, Office of the U.S. Attorney for the Western Dist. of Michigan, Grand Rapids, MI, for Plaintiff-Appellee.

Sharon A. Turek (argued and briefed), Federal Public Defenders Office, Grand Rapids, MI, for Defendant-Appellant.

Before: RYAN, COLE, and GILMAN, Circuit Judges.

OPINION

RYAN, Circuit Judge.

The defendant, Jason Kushmaul, appeals from the sentence imposed following his plea of guilty to robbery from a federally insured bank, accompanied by assault with a dangerous weapon, in violation of 18 U.S.C. § 2113(a), (d). He contends that the district court incorrectly found that he had "otherwise used" a dangerous weapon in the course of the robbery, assigning him a four-level...

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