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U.S. v. EVERETT

No. 96-8855.

129 F.3d 1222 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Tom EVERETT, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 25, 1997.

Attorney(s) appearing for the Case

Kent B. Alexander, U.S. Attorney, William R. Toliver and Amy L. Weil, Asst. U.S. Attys., Atlanta, GA, for Plaintiff-Appellant.

Bruce S. Harvey, Atlanta, GA, for Defendant-Appellee.

Before EDMONDSON and DUBINA, Circuit Judges, and LIMBAUGH, Senior District Judge.

PER CURIAM:

The government assigns as error in this appeal the district court's calculation of the total offense level, the range of punishment and the ultimate sentence of appellee. Using the 1995 guideline manual, the district court determined appellee's total offense level to be 12, and his criminal history category to be I. The range of punishment as to incarceration was therefore 10-16 months. Appellee received a sentence of nine months incarceration followed...

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