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U.S. v. SMITH

Nos. 06-4358, 06-4359, 06-4360.

472 F.3d 222 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. James Douglas SMITH, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James Douglas Smith, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James Douglas Smith, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael Allen Meetze, Assistant Federal Public Defender, Office of the Federal Public Defender, Florence, South Carolina, for Appellant. Arthur Bradley Parham, Assistant United States Attorney, Office of the United States Attorney, Florence, South Carolina, for Appellee. ON BRIEF: Reginald I. Lloyd, United States Attorney, Columbia, South Carolina, for Appellee.

Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.

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

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

James Douglas Smith, convicted of five counts of bank robbery, challenges his sentence on two grounds. He asserts that the district court erred in (1) failing to sentence him at the lowest end of the applicable United States Sentencing Guidelines range; and (2) imposing the condition...

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