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U.S. v. CYR

No. 01-2614.

337 F.3d 96 (2003)

UNITED STATES of America, Appellee, v. Robert CYR, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 29, 2003.

Attorney(s) appearing for the Case

Peter Charles Horstmann, with whom Fishman, Ankner & Horstmann, LLP was on brief for appellant.

Dickens Mathieu, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This sentencing appeal requires us to address, in part, the interaction between the "related sentence" and "relevant conduct" provisions in the United States Sentencing Guidelines ("Guidelines"), both of which may limit the impact of a defendant's prior criminal record on the calculation of his criminal history category for an instant offense.

I.

On December 7, 2000, a federal grand...

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