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U.S. v. PHILLIPS

No. 98-7034.

225 F.3d 1198 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Gary A. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 30, 2000.

Attorney(s) appearing for the Case

Donald L. Colee, Jr., Law Office of Donald L. Colee, Jr., Birmingham, AL, for Defendant-Appellant.

Robert Owen Posey, Dept. of Justice, U.S. Atty., Birmingham, AL, for Plaintiff-Appellee.

Before CARNES, MARCUS and FARRIS, Circuit Judges.

CARNES, Circuit Judge:

Gary A. Phillips attempts to appeal out-of-time the sentence he received after being convicted of three counts related to a bank robbery. He contends that when calculating his sentence the district court improperly applied two upward adjustments to his base offense level. We are faced with a threshold issue of appellate jurisdiction, because Phillips did not file his notice of appeal until sixteen...

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