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UNITED STATES v. TATE

No. 20-5071.

999 F.3d 374 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Tre Reshawn TATE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Erin P. Rust , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. Cynthia F. Davidson , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

READLER, J., delivered the opinion of the court in which CLAY, J., joined. MURPHY, J. (pp. 386-94), delivered a separate opinion concurring in the judgment.

OPINION

For the crime of bank robbery, the Sentencing Guidelines establish a tiered structure of sentencing enhancements based upon how an individual effectuates the robbery. See U.S.S.G. § 2B3.1(b)(2). When a defendant discharges a firearm while robbing a bank, the Guidelines prescribe a seven...

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