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U.S. v. MITCHELL

No. 03-10644.

366 F.3d 376 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Corey MITCHELL, Also Known as Cory Mitchell, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 2004.

Attorney(s) appearing for the Case

Renee E. Harris, Fort Worth, TX, for Plaintiff-Appellee.

Donel Lee Davidson, Bedford, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:

Corey Mitchell appeals the application of a sentencing enhancement, pursuant to U.S.S.G. § 2B3.1(b)(3)(C), following his conviction of bank robbery and using and carrying a firearm in relation to that crime. The district court imposed a six-level enhancement because a customer who was in the bank during the robbery suffered a permanently debilitating stroke that was caused by the acts of Mitchell and his...

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