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U.S. v. DIXON

No. 00-10739.

273 F.3d 636 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Lee DIXON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 2001.

Attorney(s) appearing for the Case

Susan B. Cowger (argued), Dallas TX, for Plaintiff-Appellee.

Peter Michael Fleury, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, for Defendant-Appellant.

Before BARKSDALE and STEWART, Circuit Judges, and DUPLANTIER, District Judge.

DUPLANTIER, District Judge:

Jimmy Lee Dixon challenges his convictions and sentences on four counts: kidnapping, robbery, attempted robbery, and using a short-barreled shotgun during and in relation to a crime of violence. Additionally, he challenges his sentence on a fifth count, assault with a dangerous weapon. For the following reasons, we AFFIRM IN PART, VACATE IN PART, AND REMAND FOR RESENTENCING.

BACKGROUND

A grand jury indicted Dixon...

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