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U.S. v. McGUIRE

No. 98-3350.

200 F.3d 668 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. James S. McGUIRE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 21, 1999.

Attorney(s) appearing for the Case

Marilyn M. Trubey, Assistant Federal Public Defender, (David J. Phillips, Federal Public Defender, with her on the brief), of Topeka, Kansas, for Appellant.

Thomas G. Luedke, Assistant United States Attorney, (Jackie N. Williams, United States Attorney, and Robin D. Fowler, Assistant United States Attorney, on the brief), of Topeka, Kansas, for Appellee.

Before KELLY, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Following a jury trial, James S. McGuire was convicted on charges of taking a motor vehicle by force and violence ("carjacking") in violation of 18 U.S.C. § 2119; he was sentenced to a term of imprisonment of 135 months. In calculating McGuire's sentence, the district court added four points to McGuire's offense level pursuant to United States Sentencing Guideline ("U.S.S.G." or "Sentencing Guidelines") §...

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