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U.S. v. BUTER

No. 98-5686.

229 F.3d 1077 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Robert BUTER, a.k.a. Robert Le Blanc, etc., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 6, 2000.

Attorney(s) appearing for the Case

Terry M. Cushing, Asst. U.S. Atty. (briefed), C. Dean Furman, Jr. (argued and briefed), Office of U.S. Atty., Louisville, KY, for Plaintiff-Appellant.

Fred R. Radolovich (argued and briefed), Louisville, KY, for Defendant-Appellee.

Before TJOFLAT, HILL and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Robert Buter appeals his sentence of thirty-one months imprisonment plus a $1,500 fine for importation of marihuana in violation of 21 U.S.C. § 952(a). For the reasons assigned, we vacate the sentence in part and remand for appropriate resentencing.

BACKGROUND

Buter, a.k.a. Robert LeBlanc and Robert Lablanc, asserts on appeal that the district court erred by assessing a total...

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