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U.S. v. MILLER

Docket No. 00-1642.

263 F.3d 1 (2001)

UNITED STATES of America, Appellee, v. David Allen MILLER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 23, 2001.

Attorney(s) appearing for the Case

Yuanchung Lee, Federal Public Defender's Office, S.D.N.Y., for Appellant.

Joshua A. Levine, Assistant United States Attorney, for Mary Jo White, United States Attorney, S.D.N.Y., for Appellee.

Before MINER, CALABRESI, and CABRANES, Circuit Judges.

PER CURIAM.

David Allen Miller pled guilty to bank robbery in violation of 18 U.S.C. § 2113(a). He appeals only his sentence, contending that the district court (McMahon, J.), in declining to depart downward pursuant to U.S.S.G. § 4A1.3, erred in considering his record of arrests as well as a pending unresolved charge. We affirm the district court.

BACKGROUND

On October 6, 1999, David Allen Miller walked into the Premier National...

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