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U.S. v. McBANE

No. 04-3215.

433 F.3d 344 (2005)

UNITED STATES of America v. Carl D. McBANE, Appellant.

United States Court of Appeals, Third Circuit.

December 30, 2005.

Attorney(s) appearing for the Case

Sally A. Frick (Argued), Pittsburgh, PA, for Appellant.

Michael L. Ivory (Argued), Bonnie R. Schlueter, Laura S. Irwin, Paul M. Thompson, Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before SMITH, BECKER, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

Appellant Carl McBane challenges jury verdicts convicting him of one count of selling a stolen firearm in violation of 18 U.S.C. § 922(j) and one count of making a materially false statement to a federal agency in violation of 18 U.S.C. § 1001. McBane also seeks resentencing in light of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct...

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