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U.S. v. PAINE

No. 04-1341.

407 F.3d 958 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee PAINE, Sr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 18, 2005.

Attorney(s) appearing for the Case

David R. Mercer, argued, Springfield, MO, for appellant.

Douglas C. Bunch, argued, Springfield, MO, for appellee.

Before BYE, BEAM, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

In this direct criminal appeal, Richard Lee Paine, Sr., appeals the district court's1 finding he "otherwise used" rather than "brandished" a firearm within the meaning of United States Sentencing Guidelines § 2B3.1(b)(2)(B) during a June 15, 2002, bank robbery. He also appeals the district court's finding he "used or attempted to use" his sixteen-year-old son within the meaning of U.S.S.G. § 3B1.4 during the...

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