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U.S. v. COOK

Nos. 98-2581, 98-2583.

181 F.3d 1232 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony COOK, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Adrell Forthenberry, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 20, 1999.

Attorney(s) appearing for the Case

Spiro T. Kypreos, Pensacola, FL, for Cook.

William Henry Stafford, III, Asst. U.S. Atty., Pensacola, FL, William Wagner, Asst. U.S. Atty., Gainesville, FL, for Defendant-Appellant.

Kenneth Ray Ridlehoover, Eddins, Ridlehoover & Barnes, Pensacola, FL, for Forthenberry.

Before ANDERSON, Chief Judge, HILL, Senior Circuit Judge, and COOK, Senior District Judge.

COOK, Senior District Judge:

Michael Anthony Cook and Adrell Forthenberry present separate, unconsolidated appeals from the enhancement of their sentences through application of the reckless-endangerment-during-flight standard under the Sentencing Guidelines. For the reasons that have been set forth below, we vacate and remand for resentencing.

I.

The criminal proceedings against Cook and Forthenberry resulted from their participation, along with...

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