United States v. Kevin Guy Harris
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HEANEY, Circuit Judge.
Appellant, Kevin Guy Harris, pleaded guilty pursuant to a plea agreement to aiding and abetting the transfer of stolen property in interstate commerce. Harris appeals the district court’s sentence, which included an upward departure pursuant to section 5K2.0 of the guidelines to punish Harris for his participation in a robbery that preceded his offense of conviction. We reverse and remand.
BACKGROUND
On April 18, 1994, Harris was charged by indictment with conspiracy to transfer stolen property in interstate commerce in violation of 18 U.S.C. §§ 371 and 2314 (count I) and…
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