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U.S. v. GARNETT

No. 99-4818.

243 F.3d 824 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Tracy GARNETT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 13, 2001.

Attorney(s) appearing for the Case

ARGUED: Edward Henry Weis, Assistant Federal Public Defender, Charleston, West Virginia. ON BRIEF: Hunt L. Charach, Federal Public Defender, Charleston, West Virginia, for Appellant.

Steven Ian Loew, Assistant United States Attorney, Charleston, West Virginia, Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.

Vacated and remanded by published opinion. Judge Luttig wrote the opinion, in which Judge Widener and Judge Michael joined.

OPINION

LUTTIG, Circuit Judge:

Appellant Michael Tracy Garnett pled guilty to a single violation of 18 U.S.C. § 922(j) for possession of a machine gun. On appeal, he contends that the district court's enhancement of his sentence pursuant to United States Sentencing Guideline ("U.S.S.G.") § 2K2.1(b)(5) was unwarranted...

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