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U.S. v. BERRY

Nos. 07-1251, 07-1276.

553 F.3d 273 (2009)

UNITED STATES of America v. Terrell BERRY, Appellant United States of America v. Shawn Mack, Appellant.

United States Court of Appeals, Third Circuit.

Filed: January 6, 2009.

Attorney(s) appearing for the Case

Brett G. Sweitzer, Esq., Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Attorney for Defendant-Appellant Terrell Berry.

John F. Renner, Esq., Marlton, NJ, Attorney for Defendant-Appellant Shawn Mack.

Michelle T. Rotella, Esq., Robert A. Zauzmer, Esq., Office of United States Attorney, Philadelphia, PA, Attorneys for Plaintiff-Appellee.

Before: McKEE, RENDELL and TASHIMA, Circuit Judges.

McKEE, Circuit Judge.

Terrell Berry and Shawn Mack pled guilty to an indictment charging them both with one count of robbery affecting interstate commerce, and one count of carrying and using a firearm in furtherance of a crime of violence. They now appeal their sentences arguing, inter alia, that the district court denied them due process of law by relying upon unsupported speculation in determining their sentences. For the reasons that follow, we agree. We...

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