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U.S. v. LEWIS

No. 00-2247.

249 F.3d 793 (2001)

UNITED STATES of America, Appellee, v. Kenneth Donald LEWIS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 10, 2001.

Attorney(s) appearing for the Case

Jeffrey A. Neary, argued, Sioux City, IA (Joanne M. Lilledahl, Cedar Rapids, IA, on the brief), for appellant.

Jamie D. Bowers, Asst. U.S. Atty., argued, Sioux City, IA, for appellee.

Before BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and ALSOP, District Judge.

ALSOP, District Judge.

Kenneth Donald Lewis appeals the sentence he received after pleading guilty to one count of being a felon in possession of a firearm and one count of making a false statement in an attempt to acquire a firearm. Because we are unable to ascertain whether or not the district court recognized its authority to depart from the guideline sentencing range, we vacate the sentence and remand for resentencing.

The firearm in question is a family...

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