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U.S. v. PETHO

No. 04-15412 Non-Argument Calendar.

409 F.3d 1277 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Louis Steven PETHO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 18, 2005.

Attorney(s) appearing for the Case

Chet Kaufman and Randolph P. Murrell, Fed. Pub. Defenders, Tallahassee, FL, for Defendant-Appellant.

Terry Flynn, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for Plaintiff-Appellee.

Before BARKETT, HULL and WILSON, Circuit Judges.

PER CURIAM:

Louis Steven Petho appeals his sentence after pleading guilty to bank robbery, inviolation of 18 U.S.C. § 2113(a). On October 13, 2004, the district court sentenced him to 37 months' imprisonment. On appeal, Petho claims that his sentence violates United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) because it was improperly enhanced based on facts that he did not admit and...

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