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U.S. v. SMALLEY

No. 06-4552.

517 F.3d 208 (2008)

UNITED STATES of America v. Rodney SMALLEY, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 29, 2008.

Attorney(s) appearing for the Case

Richard Coughlin, Esq., Lori M. Koch, Esq. (Argued), Office of Federal Public Defender, Camden, NJ, for Appellant.

George S. Leone, Esq., Office of United States Attorney, Newark, NJ, Glenn J. Moramarco, Esq. (Argued), Office of United States Attorney, Camden, NJ, for Appellee.

Before: RENDELL, GREENBERG, and VAN ANTWERPEN, Circuit Judges,

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant Rodney Smalley appeals his sentence of 71 months entered by the District Court for the District of New Jersey for bank robbery. In arriving at this sentence, the District Court applied a four-level Guidelines sentencing enhancement, finding that Smalley "otherwise used" a dangerous weapon during the course of the robbery. However, the Government concedes, and we agree, that the District Court should...

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