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U.S. v. HAZELWOOD

No. 03-6232.

398 F.3d 792 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James Ronald HAZELWOOD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 23, 2005.

Attorney(s) appearing for the Case

ARGUED: Andrew M. Stephens, Andrew M. Stephens & Associates, Lexington, Kentucky, for Appellant. James E. Arehart, Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Andrew M. Stephens, Andrew M. Stephens & Associates, Lexington, Kentucky, for Appellant. James E. Arehart, Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before: GUY and COLE, Circuit Judges; TARNOW, District Judge.

OPINION

COLE, Circuit Judge.

Defendant-Appellant James Ronald Hazelwood pleaded guilty to charges of federal bank robbery and the use of a firearm to commit a violent felony. He now appeals three different sentencing enhancements applied by the district court. We find no error in the application of enhancements for reckless endangerment during flight and for Hazelwood's criminal history. However, because we find that the application of two separate penalties...

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