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U.S. v. ATWATER

No. 01-1353.

272 F.3d 511 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Nekis ATWATER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 2001.

Attorney(s) appearing for the Case

Winfield D. Ong, Office of the U.S. Atty., Indianapolis, IN, for Plaintiff-Appellee.

Eric M. Schwing (argued), Office of the Federal Publlic Defender, Springfiled, IL, Richard H. Parsons, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and POSNER and DIANE P. WOOD, Circuit Judges.

POSNER, Circuit Judge.

At sentencing after his plea of guilty to bank robbery, the defendant, Atwater, was given a five-level boost in his sentence on the ground that he knew or should have known that a firearm would be used in the robbery. Atwater's codefendant, Cagle, was the one who had actually entered the bank and brandished a gun, but he claimed that he and Atwater had planned the robbery together and indeed that Atwater had supplied the gun. Atwater admitted...

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