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U.S. v. ALBRITTON

No. 09-30436.

622 F.3d 1104 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jason Lee ALBRITTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2010.

Attorney(s) appearing for the Case

Anthony R. Gallagher , Great Falls, MT, for the appellant.

Cyndee L. Peterson , Assistant United States Attorney, Missoula, MT, for the appellee.

Opinion by Judge THOMPSON; Dissent by Judge BERZON.

OPINION

THOMPSON, Senior Circuit Judge:

Jason Lee Albritton pleaded guilty to Credit Union (Bank) Robbery, in violation of 18 U.S.C. § 2113(a). Albritton was sentenced to 105 months of incarceration to run consecutive with any other undischarged term of imprisonment, followed by three years of supervised release.

On appeal, Albritton challenges three aspects of his sentence. First, he...

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