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U.S. v. RANKIN

No. 06-60340.

487 F.3d 229 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. James Vaughn RANKIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 2007.

Attorney(s) appearing for the Case

Richard Terrell Starrett, Asst. U.S. Atty. (argued), David Harrison Fulcher, Jackson, MS, for U.S.

Kathryn Neal Nester (argued), Jackson, MS, for Rankin.

Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

James Rankin was convicted of manufacture, possession, and transport of explosive materials. At his sentencing, the district court refused to apply a cross-reference provision for attempted murder. The government appeals, and we vacate and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

In August 2004, based on information from a confidential informant, the Bureau of Alcohol, Tobacco, and Firearms (ATF) began investigating...

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