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U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd)

This case involves another of those marvelous linguistic subtleties that we so often see under the Guidelines. Application Note 3 to U.S.S.G. § 2D1.1 states that a sentence enhancement for possession of a weapon is required whenever a gun is present "unless it is clearly improbable that the weapon was ...

 

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