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U.S. v. WHOOTEN

No. 01-1216.

279 F.3d 58 (2002)

UNITED STATES of America, Appellee, v. Paul R. WHOOTEN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 5, 2002.

Attorney(s) appearing for the Case

Miriam Conrad, Federal Defender Office, for appellant.

Paula J. DeGiacomo, Assistant U.S. Attorney, with whom James B. Farmer, United States Attorney, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and O'TOOLE, Jr., District Judge.

TORRUELLA, Circuit Judge.

Defendant-appellant Paul R. Whooten pled guilty to two counts of unarmed bank robbery and three counts of interference with commerce by bank robbery. He was sentenced to 140 months' imprisonment, based on an offense level that the district court adjusted upward after finding that an abduction had occurred during the commission of the crime. Defendant appeals his sentence, claiming that it violates Apprendi v. New Jersey,

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