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U.S. v. SMITH

No. 98-5957.

196 F.3d 676 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Bruce SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 10, 1999.

Attorney(s) appearing for the Case

Tony R. Arvin (argued and briefed), Office of the U.S. Attorney, Memphis, TN, for Plaintiff-Appellee.

April R. Ferguson (argued), Bruce I. Griffey (briefed), Asst. Fed. Public Defender, Memphis, TN, for Defendant-Appellant.

Before: BATCHELDER and COLE, Circuit Judges; MARBLEY, District Judge.

OPINION

BATCHELDER, Circuit Judge.

Defendant Steven Smith ("Smith") pled guilty to five federal weapons violations and assaulting a federal officer in violation of 18 U.S.C. § 111. He now appeals the district court's application of the sentencing guidelines to compute his sentence. For the reasons that follow, we AFFIRM in part, VACATE in part, and REMAND for resentencing.

I. Factual and Procedural History...

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