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U.S. v. Brawner, No. 96-2298 (6th Cir.) (173 F.3d 966) (April 2, 1999) (Judge James L. Ryan)

Here, disagreeing with the Eighth Circuit, the Court held that Guideline Amendment 521, which removed the targeting language from ยง 3A1.1, was a clarification of the Guidelines, not a substantive amendment.

"Brawner contends that the sentencing court clearly erred by imposing a two-level increase pursuant to section 3A1.1(b) of the ...

 

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