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07-5640 - USA v. Niece

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07-5640 - USA v. Niece
October 16, 2008
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OPINION filed: We AFFIRM defendant's conviction, and REVERSE and REMAND for re-sentencing consistent with this opinion. Decision not for publication pursuant to local rule 28(g). Eric L. Clay, Authoring/Circuit Judge; Deborah L. Cook, Circuit Judge and Solomon Oliver , Jr., U.S. District Judge for the Northern District of Ohio.