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163101P.pdf 07/03/2017 United States v. Kenneth Fisher, Jr.
U.S. Court of Appeals Case No: 16-3101
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Arnold,
Circuit Judge]
Criminal case - Sentencing. The facts failed to demonstrate that defendant
used his minor companion or attempted to use her in committing the bank
robbery, and the district court erred in imposing a sentencing enhancement
under Guidelines Sec. 3B1.4 for use of a minor in the commission of the
offense; remanded for resentencing without the enhancement. Chief Judge
Smith, dissenting.