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U.S. v. HERNÁNDEZ

No. 07-1828.

541 F.3d 422 (2008)

UNITED STATES of America, Appellee, v. Fermin HERNÁNDEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 29, 2008.

Attorney(s) appearing for the Case

David Duncan, with whom Zalkind, Rodriguez, Lunt & Duncan LLP was on brief, for appellant.

Kelly Begg Lawrence, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before TORRUELLA and SELYA, Circuit Judges, and DOMÍNGUEZ, District Judge.

SELYA, Circuit Judge.

In this single-issue criminal appeal, defendant-appellant Fermin Hernández raises a question of first impression concerning the application of section 4A1.1(d) of the federal sentencing guidelines. Although an oddly placed transitional expression in an application note and the ingenuity of able counsel combine to give us momentary pause, we conclude that the guideline provision says what it means...

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