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U.S. v. KELLUM

Nos. 02-50555, 02-50561, 02-50586, 02-50587.

372 F.3d 1141 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne KELLUM, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Dwayne Kellum, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Dwayne Kellum, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Dwayne Kellum, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2004.

Attorney(s) appearing for the Case

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant/cross-appellee.

Gregory J. Weingart, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee/cross-appellant.

Before SILVERMAN, GOULD, and BEA, Circuit Judges.

GOULD, Circuit Judge.

This appeal presents us with a question of first impression: May a defendant charged under two separate indictments that are later grouped together for sentencing receive a downward adjustment for acceptance of responsibility when he pleaded guilty to the charges in one indictment, but went to trial on the charges in the other indictment? The district court concluded that such a defendant was eligible for a two-level acceptance of responsibility...

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