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Notice of Appeal US Court of Appeals Third Circuit Paw Fd Form

Notice of Appeal US Court of Appeals Third Circuit Paw Fd Form

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oral argument we'll hear the first two and then take a very brief break before finishing the docket we begin with United States versus Wesley Mr Brown thank you your honor and may it please the court this case presents a preserved sentencing challenge to The District Court's application of the guidelines manual manual and the panel should resolve Mr Wesley's appeal with the following two-step analysis first The District Court clearly aired in applying the main maintaining a premises enhancement in short it mistook evidence of occasional non-exclusive use for evidence of continuous control and that evidentiary mismatch renders The District Court's findings in support of the enhancement implausible in light of the record as a whole this court should ingly resolve the merits in Mr Wesley's favor second the error cannot be dismissed as harmless because the district court clearly anchored Mr Wesley's 235 month sentence to the incorrect advisor

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