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U.S. v. YAGAR

No. 04-5151, 04-5264.

404 F.3d 967 (2005)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Jacqueline Carol YAGAR, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 18, 2005.

Attorney(s) appearing for the Case

ARGUED: Needum L. Germany, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Camille R. McMullen, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Needum L. Germany, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Tracy L. Berry, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: MARTIN, GILMAN, and FRIEDMAN, Circuit Judges.

BOYCE F. MARTIN, JR., Circuit Judge.

Jacqueline Carol Yagar appeals her sentence of twenty-one months of imprisonment for theft of stolen mail in violation of 18 U.S.C. § 1708. On appeal, Yagar claims that the district court erred by imposing two sentence enhancements in violation of the Sixth Amendment, and in calculating one of those enhancements under the United States Sentencing Guidelines. The United States cross-appeals, claiming that the district court...

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