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U.S. v. SAWYER

No. 97-6849.

180 F.3d 1319 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Marc Alan SAWYER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 14, 1999.

Attorney(s) appearing for the Case

Daniel H. Wannamaker and Carol Elewski, Asst. Federal Public Defenders, Mobile, AL, for Defendant-Appellant.

J. Don Foster, U.S. Attorney, Maria E. Murphy, Assistant U.S. Attorney, Mobile, AL, for Plaintiff-Appellee.

Before MARCUS, Circuit Judge, HILL, Senior Circuit Judge, and FERGUSON, District Judge.

HILL, Senior Circuit Judge:

In 1997, a panel of this Court vacated the 157 month sentence of Appellant Marc Alan Sawyer and remanded the case to the district court for re-sentencing. United States v. Sawyer, 115 F.3d 857 (11th Cir. 1997). We find we must do so again.

I.

Sawyer is an admitted bank robber. In 1995, he walked into a Mobile, Alabama bank, his nose and mouth covered by a bandana mask, carrying...

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