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U.S. v. SAVARESE

No. 04-1099.

385 F.3d 15 (2004)

UNITED STATES, Appellee, v. Stephen SAVARESE, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Robert J. Ruffner with whom Vincent Kantz & Ruffner was on brief for defendant-appellant.

F. Mark Terison with whom Paula D. Silsby was on brief for appellee.

Before TORRUELLA, DYK and HOWARD, Circuit Judges.

DYK, Circuit Judge.

The central question here concerns the interpretation of section 2B3.1 of the U.S. Sentencing Guidelines, which provides for a two-level enhancement of a defendant's offense level if the defendant engaged in carjacking. U.S. Sentencing Guidelines Manual § 2B3.1(b)(5)(2003). We hold that the district court's enhancement of the defendant's sentence was not contrary to the Guidelines and that there was no plain error in the district court's failure...

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