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U.S. v. JENKINS

No. 01-1292.

275 F.3d 283 (2001)

UNITED STATES of America, v. Robert JENKINS a/k/a Ociele Hawkins a/k/a William Jenkins Robert Jenkins, Appellant.

United States Court of Appeals, Third Circuit.

December 20, 2001.

Attorney(s) appearing for the Case

David L. McColgin (Argued), Defender Association of Philadelphia Federal Court Division, Philadelphia, PA, Attorney for Appellant.

Walter S. Batty, Jr. (Argued), Philadelphia, PA, Attorney for Appellee.

Before: BECKER, Chief Judge, SCIRICA and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal involves an interpretation of U.S.S.G. § 3C1.1. A jury convicted Robert Jenkins for unlawfully possessing firearm ammunition. The District Court increased Jenkins's offense level by two levels under U.S.S.G. § 3C1.1 for obstructing justice by failing to appear at a state court hearing. Jenkins challenges the sentence enhancement only. For reasons that follow, we will reverse and remand for...

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