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U.S. v. SZABO

Nos. 97-3603, 97-3604, 97-3605.

147 F.3d 559 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Patrick SZABO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Bradley W. Murphy (argued), Thomas A. Keith, Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellee.

David B. Mote (argued), Office of the Federal Public Defender, Springfield, IL, Richard H. Parsons, Office of the Public Defender, Peoria, IL, for Defendant-Appellant.

Before BAUER, FLAUM and DIANE P. WOOD, Circuit Judges.

FLAUM, Circuit Judge.

Kevin Szabo challenges the district court's upward departure in sentencing him on nine bank robbery convictions. Because we conclude that the challenged departure was based on a misinterpretation of the applicable sentencing guideline, we remand for resentencing in Nos. 97-3604 and 97-3605. We dismiss No. 97-3603, however, because the defendant waived his right to appeal his sentence in that case.

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