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U.S. v. JOHNSON

Nos. 4:CR96-3057, 4:CR96-3058.

978 F.Supp. 1305 (1997)

UNITED STATES of America, Plaintiff, v. Damion E. JOHNSON and Henry R. Valdez, Defendants.

United States District Court, D. Nebraska.

October 6, 1997.

Attorney(s) appearing for the Case

Alan L. Everett, Assistant United States Attorney, Lincoln, NE, for Plaintiff.

John C. Vanderslice, Assistant Federal Public Defender, Lincoln, NE, for Defendant Johnson.

Gary R. Pearson, Lincoln, NE, for Defendant Valdez.

MEMORANDUM AND ORDER

KOPF, District Judge.

A jury convicted both defendants of attempted bank robbery and use of a firearm during a felony crime of violence. Before sentencing, the following motion and objections to the presentence reports remain for resolution:

(1) the government's motion for an obstruction of justice enhancement or upward departure that alleges that each defendant attempted to harm a witness — the president of the bank...

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