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U.S. v. TABRON

No. 03-3156.

437 F.3d 63 (2006)

UNITED STATES of America, Appellee v. Antonio N. TABRON, a/k/a Fat Cat, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 2006.

Attorney(s) appearing for the Case

Jonathan S. Zucker, appointed by the court, argued the cause and filed the brief for appellant.

John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Roy W. McLeese III and Stephen J. Pfleger, Assistant U.S. Attorneys.

Before: RANDOLPH, TATEL, and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Although appellant pled guilty to conspiracy to distribute marijuana, cocaine, and crack, he objected to a two-level sentencing enhancement based on the weapons possession of alleged co-conspirators. The district court nonetheless imposed the two-level "gun bump" because it found that appellant must have known that other individuals with whom he had been indicted regularly used guns...

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