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Unpublished
Unpublished
No. 04-4813
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Cameron McGowan Currie, District Judge.
(CR-02-313)
Submitted:
Decided:
March 3, 2006
PER CURIAM:
Shirley E. Smith was convicted after a jury trial of four
counts of making false statements, in violation of 18 U.S.C.
1001(a)(2) (2000); one count of false declarations before a grand
jury or court, in violation of 18 U.S.C. 1623 (2000); and two
counts of making or presenting false claims upon the United States,
in violation of 18 U.S.C. 287 (2000).
remanded
for
resentencing.
United
States
v.
Smith,
No.
- 2 -
by
this
case,
as
application
in
of
Booker,
the
Smiths
Guidelines
as
sentence
a
was
mandatory
the
court
specifically
declined
to
state
an
alternate
It is impossible
- 3 -
- 4 -