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U.S. v. McCANTS

No. 04-3064.

434 F.3d 557 (2006)

UNITED STATES of America, Appellee v. Calvin McCANTS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 2006.

Attorney(s) appearing for the Case

Ketanji Brown Jackson, Assistant Federal Public Defender, argued the cause for appellant. With her on the brief was A.J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, Elizabeth Trosman and Virginia Cheatham, Assistant U.S. Attorneys. Roy W. McLeese, III, Assistant U.S. Attorney, entered an appearance.

Before: RANDOLPH and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

HARRY T. EDWARDS, Senior Circuit Judge.

Calvin McCants pled guilty to possessing false document-making implements in violation of 18 U.S.C. § 1028(a)(5) (2000). The Presentence Investigative Report ("PIR") prepared by the United States Probation Office contained several highly contested factual issues. At sentencing, however, the District Court made no specific factual findings with respect...

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