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UNITED STATES v. BEAUDION

No. 04-30197.

416 F.3d 965 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Charles BEAUDION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2005.

Attorney(s) appearing for the Case

Kevin F. McCoy, Assistant Federal Defender, Anchorage, AK, for the defendant-appellant.

Mark A. Rosenbaum, Assistant U.S. Attorney, Anchorage, AK, for the plaintiff-appellee.

Before: B. FLETCHER and GOULD, Circuit Judges, and KING, District Judge.

GOULD, Circuit Judge.

Joe Charles Beaudion appeals the sentence resulting from his guilty plea to one count of bank robbery, in violation of 18 U.S.C. § 2113(a), and one count of use of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1). The district court sentenced Beaudion to 33 months for bank robbery and 84 months for "brandishing" the firearm in the robbery, with the latter period determined in accordance with the graduated...

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