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U.S. v. MOONEYHAM

No. 89-50573.

938 F.2d 139 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Michael MOONEYHAM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 3, 1991.

Resubmitted June 28, 1991.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Neison M. Marks, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Kendra S. McNally, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, CHOY and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

On July 17, 1989, Paul Michael Mooneyham pleaded guilty to two counts of unarmed bank robbery. The presentence report concluded that Mooneyham was entitled to a two-level reduction in his Sentencing Guidelines offense level for acceptance of responsibility and determined the level to be 19. However, because Mooneyham qualified as a career offender, Guidelines section 4B1.1 required that his offense level be 32 and that his criminal history category...

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