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U.S. v. BERRY

No. 00-30222.

258 F.3d 971 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Robinson BERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2001

Attorney(s) appearing for the Case

Timothy D. Kosnoff, Bellevue, Washington, for the defendant-appellant.

Helen J. Brunner, United States Attorney's Office, Seattle, Washington, for the plaintiff-appellee.

Before: Jerome FARRIS, Stephen S. TROTT, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted May 11, 2001 — Seattle, Washington

TROTT, Circuit Judge:

Defendant Charles Robinson Berry appeals his thirty-month sentence for possession of stolen mail in violation of 18 U.S.C. §§ 1708 and 2. Berry challenges the district court's finding that he was an organizer or leader for purposes of United States Sentencing Guidelines § 3B1.1(a) ("U.S.S.G. § 3B1.1(a)"). We have jurisdiction pursuant to 28 U.S.C. §...

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