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U.S. v. HILL

No. 03-5138.

381 F.3d 560 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. James Samuel HILL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 20, 2004.

Attorney(s) appearing for the Case

Tony R. Arvin (argued), Asst. U.S. Attorney, Memphis, TN, for Plaintiff-Appellee.

Needum L. Germany (argued), Federal Public Defender, Randolph W. Alden (briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.

Before: MERRITT and DAUGHTREY, Circuit Judges; NIXON, District Judge.

OPINION

MERRITT, Circuit Judge.

The defendant in this case pled guilty to bank robbery. During that robbery the defendant was shot twice by a security guard. The sole issue on appeal is whether the district court should not have given him a seven-level sentence enhancement for the discharge of a weapon when the only shots fired were by the security guard.

Facts and Procedural History

On January 30, 2002, the defendant-appellant James Samuel...

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