United States v. George Robert Lambert

OPINION

PHILLIPS, Circuit Judge:

■George Lambert appeals the sentence he received for violating 18 U.S.C. § 33 by at tempting, with reckless disregard for human life, to damage a bus operated in interstate commerce. He challenges both the sentencing guideline applied by the district court and that court’s refusal to permit him to withdz'aw his guilty plea. We affirm the court’s denial of Lambert’s motion for permission to withdraw his plea. Because we agree with Lambert’s contention that the court applied the wrong sentencing guideline, we vacate his sentence and remand for re-sentencing.

I

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