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U.S. v. GUYON

No. 04-4682.

474 F.3d 114 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Richard GUYON, a/k/a Michael A. Banks, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 2006.

Attorney(s) appearing for the Case

ARGUED: John Keating Wiles, Cheshire, Parker, Schneider, Bryan & Vitale, Raleigh, North Carolina, for Appellant. Anne Margaret Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Frank D. Whitney, United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINS, Chief Judge, and NIEMEYER and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge WILKINS and Judge NIEMEYER joined.

DIANA GRIBBON MOTZ, Circuit Judge.

Pursuant to a written agreement, Richard Guyon pleaded guilty to several fraud offenses and was sentenced in August 2004. The then-mandatory Federal Sentencing Guidelines established a sentencing range of 140 to 175 months and permitted the district court to deviate from this range only if it found...

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