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U.S. v. KIRBY

No. 18-11253.

938 F.3d 1254 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Kyle Adam KIRBY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 17, 2019.

Attorney(s) appearing for the Case

Linda Julin McNamara , U.S. Attorney Service — Middle District of Florida, Tampa, FL, Sara C. Sweeney , U.S. Attorney's Office, Orlando, FL, for Plaintiff-Appellee.

A. Russell Smith , Smith & Haine, PA, Jacksonville, FL, for Defendant-Appellant.

Before WILLIAM PRYOR and JILL PRYOR, Circuit Judges, and ROBRENO, District Judge.

This appeal requires us to decide whether the United States Sentencing Guidelines cap an otherwise recommended sentence of life imprisonment at 470 months when the statute of conviction does not allow a sentence of a life term. A jury convicted Kyle Adam Kirby of five counts...

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