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IN RE SEALED CASE

No. 06-3113.

548 F.3d 1085 (2008)

In re SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 2008.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.

John V. Geise, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, Roy W. McLeese III, Mary B. McCord, and Anthony Scarpelli, Assistant U.S. Attorneys.

Dissenting opinion filed by Senior Circuit Judge RANDOLPH.

TATEL, Circuit Judge:

This appeal, sealed due to appellant's failed attempt to cooperate with the government, concerns the application of the United States Sentencing Guidelines' career offender provision. After appellant pled guilty to possession of cocaine base with intent to distribute, the district court sentenced him as a career offender based on its finding that he had two prior felony convictions for crimes of violence — robbery and armed robbery. Although...

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