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U.S. v. ALMEIDA

No. 11-1267.

710 F.3d 437 (2013)

UNITED STATES of America, Appellee, v. Daniel ALMEIDA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

March 11, 2013.

Attorney(s) appearing for the Case

Barbara J. Sweeney for appellant.

Robert E. Richardson , Assistant United States Attorney, with whom Carmen Ortiz , United States Attorney, was on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Daniel Almeida was indicted and tried for bank burglary under 18 U.S.C. § 2113(a). The jury found him guilty. On the basis of the evidence adduced at trial, the district court applied a sentencing guideline intended for cases of robbery, rather than the burglary guideline Almeida proposed. The resulting sentence was roughly twice what it would have been under the burglary guideline. Almeida now appeals that sentence, arguing that it was...

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