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U.S. v. OSBORNE

No. 08-7121.

593 F.3d 1149 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Manuelito Ramon OSBORNE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 26, 2010.

Attorney(s) appearing for the Case

Barry L. Derryberry, Research and Writing Specialist (Julia L. O'Connell, Federal Public Defender, and Robert A. Ridenour, Assistant Public Defender, with him on the brief), Office of the Federal Public Defender, Eastern District of Oklahoma, Tulsa, OK, for Defendant-Appellant.

Douglas E. Snow, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), United States Attorney's Office, Eastern District of Oklahoma, Muskogee, OK, for Plaintiff-Appellee.

Before HENRY, Chief Judge, and SEYMOUR and HOLMES, Circuit Judges.

PER CURIAM.

Manuelito Osborne pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a). In arriving at his 132-month sentence, the district court applied a two-level enhancement of the offense level pursuant to U.S.S.G. § 3C1.2 because Mr. Osborne "recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer."

At the government's request, the...

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