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U.S. v. JOHNSON

No. 97-5323.

152 F.3d 553 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Brian L. JOHNSON, a/k/a Brian Holland, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 17, 1998.

Attorney(s) appearing for the Case

Frederick H. Godwin (argued and briefed), Asst., U.S. Attorney, Memphis, Tennessee, for Plaintiff-Appellee.

Michael J. Stengel (argued and briefed), Memphis, Tennessee, for Defendant-Appellant.

Before: KRUPANSKY, NORRIS, and COLE, Circuit Judges.

NORRIS, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. COLE, J. (pp. 558-59), delivered a separate opinion concurring in part and dissenting in part.

ALAN E. NORRIS, Circuit Judge.

Defendant Brian L. Johnson appeals from the sentence imposed by the district court after he pleaded guilty to one count of damaging religious property in violation of 18 U.S.C. § 247(c).

I.

According to a four-count superseding indictment...

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