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U.S. v. SMITH

No. 06-5681.

505 F.3d 463 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Russell SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 11, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert D. Philyaw, Law Office Of Robert D. Philyaw, Signal Mountain, Tennessee, for Appellant. Christopher D. Poole, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Robert D. Philyaw, Law Office of Robert D. Philyaw, Signal Mountain, Tennessee, for Appellant. Christopher D. Poole, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

Before: COLE and GRIFFIN, Circuit Judges; WATSON, District Judge.

GRIFFIN, J., delivered the opinion of the court, in which WATSON, D.J., joined. COLE, J. (pp. 472-75), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

Defendant Ronald Russell Smith pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a). After noting that Smith committed the robbery while on supervised release for two other federal felonies, had 22 prior state convictions, and continued to commit...

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