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U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman)

Court held that when bullet that injured bystander came from a guard and not one of the defendants, the sentence enhancement under ยง 2B3.1(b)(3) was still applicable to the defendnants.

 

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