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U.S. v. CARTER

Docket No. 99-1132

203 F.3d 187 (2000)

UNITED STATES of America, Appellee, v. Michael Lee CARTER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 16, 2000.

Attorney(s) appearing for the Case

William G. Clauss, Federal Public Defender, Western District of New York, Rochester, N.Y. (MaryBeth Covert, of counsel), for Defendant-Appellant.

Richard A. Resnick, Assistant United States Attorney, Western District of New York, Rochester, N.Y. (Denise E. O'Donnell, United States Attorney, of counsel), for Appellee.

Before WINTER, Chief Judge, and OAKES and SOTOMAYOR, Circuit Judges.

OAKES, Senior Circuit Judge:

Defendant Michael Lee Carter appeals from his sentence of 60 months' imprisonment imposed by the United States District Court for the Western District of New York (Michael A. Telesca, Judge) following his plea of guilty to one count of illegal dealing in firearms in violation of 18 U.S.C. § 922(a)(1)(A). The district court calculated Carter's criminal history category to be III and departed upward pursuant to U.S. Sentencing...

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