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U.S. v. SCHNEIDER

No. 03-30527.

429 F.3d 888 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Paul H. SCHNEIDER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2005.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for the defendant-appellant.

Kathleen R. Bickers, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.

Before FERGUSON, TROTT, and KLEINFELD, Circuit Judges.

TROTT, Circuit Judge.

Paul H. Schneider appeals his ten-month prison sentence entered after his conviction for theft of government money in violation of 18 U.S.C. § 641 and Social Security fraud in violation of 42 U.S.C. § 408(a)(4). Schneider contends that (1) his Sixth Amendment rights were violated because his sentence was enhanced by judge-found facts under the then-mandatory United States Sentencing Guidelines ("U.S.S.G."); (2) the district court erred...

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