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U.S. v. KUBICK

Nos. 98-30082, 98-30083, 98-30097.

205 F.3d 1117 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. KUBICK, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. William D. Herron, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Robert W. Kubick, William D. Herron, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 1999.

Attorney(s) appearing for the Case

Michael S. Taggart, Deputy Federal Public Defender, Anchorage, Alaska, for defendant-appellant-cross-appellee Herron.

Alan Ellis, Peter Goldberger, and Pamela A. Wilk, Law Offices of Alan Ellis, Sausalito, California, for defendant-appellant-cross-appellee Kubick.

James Barkeley and Joseph W. Bottini, Assistant United States Attorneys, Anchorage, Alaska, for the plaintiff-appellee-cross-appellant.

BEFORE: RYMER, HAWKINS, and McKEOWN, Circuit Judges.

OPINION

RYMER, Circuit Judge.

Robert W. Kubick and William D. Herron appeal the sentences imposed following their convictions on guilty pleas to one count of conspiracy to commit bankruptcy fraud and one count of conspiracy to impede and impair the Internal Revenue Service (IRS), each in violation of 18 U.S.C. § 371. Among other United States Sentencing Guidelines issues that are raised, both contend that the adjustment for "violation of any judicial...

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