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U.S. v. SMITH

No. 03-1838.

367 F.3d 737 (2004)

UNITED STATES of America, Appellee, v. Steven E. SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 5, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Charles H. Nadler of Cedar Rapids, IA.

Counsel who presented argument on behalf of the appellee was Stephanie M. Rose, AUSA, of Cedar Rapids, IA. Appearing on appellee's brief was Robert L. Teig, AUSA, of Cedar Rapids, IA.

Before RILEY and RICHARD S. ARNOLD, Circuit Judges, and HOVLAND, District Judge.

RILEY, Circuit Judge.

Steven E. Smith (Smith) pled guilty to credit card fraud in violation of 18 U.S.C. § 1029(a)(5), (b)(1), and (c)(1)(A)(ii). The district court2 sentenced Smith to 74 months imprisonment, three years of supervised release, and restitution in the amount of $95,092.44. On appeal, Smith contends the district court erred in applying a two-level sentencing enhancement for...

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