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U.S. v. POLK

No. 08-4399.

577 F.3d 515 (2009)

UNITED STATES of America v. Terrell POLK, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 12, 2009.

Attorney(s) appearing for the Case

Stephen F. Becker, Esquire (Argued) Shapiro & Becker, Lewisburg, PA, for Appellant.

Martin C. Carlson, United States Attorney, George J. Rocktashel (Argued), Assistant United States Attorney, Office of the United States Attorney, Williamsport, PA, for Appellee.

Before: SLOVITER, AMBRO, and JORDAN, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Terrell Polk appeals from an order sentencing him to 37 months' imprisonment for possession of a "shank" in prison. The District Court characterized Polk's offense as a "crime of violence," and accordingly calculated his sentencing range pursuant to the Career Offender Guidelines. This was correct under United States v. Kenney, 310 F.3d 135 (3d Cir.2002). However, because...

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