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U.S. v. CASH

No. 01-1319.

266 F.3d 42 (2001)

UNITED STATES, Appellee, v. Jonathan CASH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 5, 2001.

Attorney(s) appearing for the Case

Jonathan R. Saxe, Assistant Federal Public Defender, on brief for appellant.

Donald A. Feith, Assistant United States Attorney, with whom Paul M. Gagnon, United States Attorney, was on brief for appellee.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Jonathan Cash pled guilty to bank robbery, 18 U.S.C. § 2113(a). On appeal he challenges his eighty-four month prison sentence, claiming that the district court erred in three respects: (1) in considering statements attributed in the Pre-Sentence Report to his cellmate Thomas Spillane where Spillane, citing his Fifth Amendment privilege, refused to testify at sentencing; (2) in awarding a two-level enhancement for obstruction of justice under...

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