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U.S. v. SWENSON

No. 01-4179.

289 F.3d 676 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Kendall Rossel SWENSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 17, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs: Deirdre A. Gorman, Ogden, UT, for Defendant-Appellant.

Paul M. Warner, United States Attorney, and Wayne T. Dance, Assistant United States Attorney, Appellate Division, Salt Lake City, UT, for Plaintiff-Appellee.

Before SEYMOUR, HENRY and BRISCOE, Circuit Judges.

SEYMOUR, Circuit Judge.

Kendall R. Swenson appeals the sentence imposed by the district court stemming from his plea of guilty to one count of bank larceny under 18 U.S.C. §§ 2113(b) and 2.1 Mr. Swenson contends the sentence of twenty-four months in prison on his second revocation of supervised release exceeds the statutory maximum allowed under 18 U.S.C. § 3583(e)(3). In response, the government concedes the point. For...

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