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U.S. v. MARSEILLE

No. 03-12961.

377 F.3d 1249 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Emmanuel MARSEILLE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Brenda G. Bryn, Fed. Pub. Def., Fort Lauderdale, FL, Richard C. Klugh, Jr. and Kathleen M. Williams, Fed. Pub. Defenders, Miami, FL, for Defendant-Appellant.

Dawn Bowen, Anne R. Schultz, Asst. U.S. Atty., Harriett Galvin, Seth Eric Miles, Miami, FL, for Plaintiff-Appellee.

Before BLACK, BARKETT and MAGILL, Circuit Judges.

MAGILL, Circuit Judge:

Emmanuel Marseille appeals his 210-month sentence for possessing ammunition as a convicted felon and his 120-month sentence for threatening to retaliate by force against a person who gave information to a federal law enforcement officer. Marseille argues that the district court mistakenly classified him as a career offender under § 4B1.1 of the United States Sentencing Guidelines ("USSG")1 and, as a result,...

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