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U.S. v. SMITH

No. 06-6458.

510 F.3d 603 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Carlton Victor SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 17, 2007.

Attorney(s) appearing for the Case

ARGUED: C. Douglas Thoresen, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. William Cohen, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: C. Douglas Thoresen, Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. William Cohen, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: MARTIN, SILER, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Carlton Victor Smith was convicted of bank robbery and sentenced to 405 months in prison following his participation in a scheme that was perpetrated by taking the family of a bank manager hostage and threatening to blow up the bank manager's husband with a bomb unless the bank manager retrieved money from a bank vault. This court upheld Smith's conviction and sentence in 2004, but the Supreme Court vacated his sentence in...

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