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U.S. v. GIBNEY

Nos. 06-5909, 06-6442.

519 F.3d 301 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Kirk GIBNEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Christopher N. Lasch, Law Office, New Haven, Connecticut, for Appellant. Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Christopher N. Lasch, Law Office, New Haven, Connecticut, for Appellant. Terry M. Cushing, Larry E. Fentress, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: SUHRHEINRICH, SUTTON, and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Defendant Howard Kirk Gibney appeals his sentence wherein the district court imposed a term of imprisonment of 84 months and a restitution order in the amount of $1,103,358.10. Defendant argues that the district court erred as a matter of law in finding that Firefighter Carlos Cruz suffered bodily injury sufficient to warrant the imposition of the 84-month mandatory minimum sentence pursuant to 18 U.S.C. § 844(i). Gibney...

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