Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Aaron v. Stone, Defendant-appellant, 940 F.2d 664 (6th Cir. 1991)

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US Court of Appeals for the Sixth Circuit - 940 F.2d 664 (6th Cir. 1991) July 22, 1991

Before MERRITT, Chief Judge, KEITH, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.


ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Aaron Stone pleaded guilty to armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) & (d), and to possession of a firearm in a crime of violence, in violation of 18 U.S.C. § 924(c). The district court sentenced Stone to a three hundred (300) month term of imprisonment and this appeal followed. The parties have briefed the issues. The parties did not request oral argument by April 18, 1991, as advised, thus the appeal will be submitted without oral argument.

Upon consideration, we find no reversible error in the proceedings on review. Stone challenged the career offender provision of the Sentencing Guidelines, U.S.S.G. Sec. 4B1.1, on various constitutional grounds. The due process arguments have been considered and rejected in prior appeals. United States v. Jacobs, 877 F.2d 460, 461-62 (6th Cir. 1989). The double jeopardy claims are also meritless. United States v. Mack, No. 90-3010 (6th Cir. July 16, 1991).

Accordingly, the district court's judgment is affirmed. Rule 9(b) (3), Rules of the Sixth Circuit.

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