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U.S. v. HUGHES

No. 02-2026.

369 F.3d 941 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Marshall Dwayne HUGHES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2004.

Attorney(s) appearing for the Case

Krishna S. Dighe (argued and briefed), U.S. Attorney's Office, Detroit, MI, for Plaintiff-Appellee.

Margaret Raben (argued and briefed), Gurewitz & Raben, Detroit, MI, for Defendant-Appellant.

Before MARTIN, RYAN, and MOORE, Circuit Judges.

OPINION

RYAN, Circuit Judge.

The defendant, Marshall Dwayne Hughes, presents three issues for us to decide, on this, his direct appeal from his convictions for theft of government property, in violation of 18 U.S.C. § 641, and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The issues are:

1)whether, at sentencing, the district court was bound to apply the penalty...

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