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U.S. v. CARRUTH

No. 04-3568.

418 F.3d 900 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Allen CARRUTH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2005.

Rehearing and Rehearing Denied October 11, 2005.

Attorney(s) appearing for the Case

Omar F. Greene, argued, Federal Public Defender, Little Rock, AR (Jennifer Horan, on brief), for appellant.

Anne Gardner, argued, Assistant U.S. Attorney, Little Rock, AR (H.E. (Bud) Cummins and Joe J. Volpe, on brief).

Before MURPHY, BYE, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 11, 2005.

MURPHY, Circuit Judge.

Robert Allen Carruth pled guilty to conspiracy to make and possess counterfeit commercial checks, in violation of 18 U.S.C. §§ 371 and 513(a). The district court1 sentenced Carruth to time served (approximately six months) and ordered him to pay $26,400 in restitution. Carruth appeals the restitution order, arguing that it violates his sixth...

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