U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam)
In this case the Eighth Circuit joins a growing number of courts that have held that the Sentencing Commission exceeded its statutory authority by defining, in Guideline Amendment No. 506, "offense statutory maximum" to mean only the unenhanced maximum term of imprisonment. The Government, on a cross appeal, insisted that ...
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