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U.S. v. HARNESS

No. 98-6157.

180 F.3d 1232 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Kelly D. HARNESS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 12, 1999.

Attorney(s) appearing for the Case

Jackie D. Ferguson, Ferguson & Ferguson, Huntsville, AL, for Defendant-Appellant.

C. Douglas Jones, U.S. Attorney, Shirley I. McCary, Assistant U.S. Attorney, Birmingham, AL, Victor Conrad, Asst. U.S. Attorney, Huntsville, AL, for Plaintiff-Appellee.

Before BARKETT, Circuit Judge, and KRAVITCH and MAGILL, Senior Circuit Judges.

MAGILL, Senior Circuit Judge:

Kelly Harness was sentenced to twenty-seven months' imprisonment for his role in the illegal diversion of federal funds intended to benefit needy individuals facing eviction from their homes. The district court increased Harness's offense level two levels for his aggravating role, pursuant to U.S.S.G. § 3B1.1(c), and two levels for his abuse of a position of trust, pursuant to U.S.S.G. § 3B1.3. The court also declined to grant...

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