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U.S. v. McCULLIGAN

No. 00-2562.

256 F.3d 97 (2001)

UNITED STATES of America, v. Robert MCCULLIGAN, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 6, 2001.

Attorney(s) appearing for the Case

Stephen P. Patrizio, Christopher D. Warren, (Argued), Dranoff & Patrizio, Philadelphia, PA, Attorney for Appellant.

Craig D. Margolis, (Argued), Office of the U.S. Attorney, Philadelphia, PA, Attorney for Appellee.

Before: BARRY, AMBRO, ALDISERT, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge:

Appellant contends that he was convicted of one crime but sentenced for another. We agree, and will remand for resentencing.

I.

Several Deputy U.S. Marshals arrived at an apartment complex in West Norriton, Pennsylvania on June 17, 1999 to arrest Robert McCulligan, who was wanted for a violation of supervised release. As McCulligan attempted to drive his vehicle out of an entrance to the complex...

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