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U.S. v. ANDERSON

No. 89-10059.

942 F.2d 606 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Thomas ANDERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1991.

As Amended September 5, 1991.

Attorney(s) appearing for the Case

Robert M. Holley, Asst. Federal Defender, Sacramento, Cal., for defendant-appellant.

Thomas E. Flynn, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before BROWNING, GOODWIN, TANG, POOLE, D.W. NELSON, CANBY, BEEZER, HALL, WIGGINS, KOZINSKI and RYMER, Circuit Judges.

Argued and Submitted En Banc January 24, 1991.

RYMER, Circuit Judge:

Earl Thomas Anderson was convicted of armed bank robbery and sentenced to forty-six months under the sentencing guidelines. The district court included in the calculation of Anderson's total offense level an upward adjustment for being an organizer, leader, manager, or supervisor under U.S.S.G. § 3B1.1(c), even though it assumed that Anderson was the only person criminally responsible...

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