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U.S. v. KEMP

No. 07-2620.

530 F.3d 719 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Clay KEMP, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2008.

Attorney(s) appearing for the Case

Edward Albright, AFPD, argued, Pierre, SD, for appellant.

Mark E. Salter, AUSA, argued, Sioux Falls, SD (Donald Tinklepaugh, AUSA, Pierre, SD, on the brief), for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Robert Clay Kemp was charged with four counts of passing counterfeit bills in violation of 18 U.S.C. § 472. He pled guilty to one count and was sentenced by the district court to 78 months of imprisonment, a $3,000 fine, and $900 restitution. Kemp appeals, raising a number of sentencing issues. We remand for resentencing.

After receiving a report that Kemp had been passing counterfeit money...

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