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United States v. Cox

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Argued: February 1, 2001

Appeal from a final judgment of conviction entered upon Defendant-Appellant George Cox’s plea of guilty to embezzlement in violation of 18 U.S.C. � 641. The District Court sentenced Cox to 33 months’ imprisonment, a three-year term of supervised release, and a $100 special assessment and $588,872 in restitution. Cox now seeks a reduction in his sentence on grounds that one of the state court convictions used to calculate his criminal history category under the Sentencing Guidelines was dismissed after sentencing and that his counsel rendered ineffective assistance by permitting Cox to plead guilty to state court charges after his federal conviction, but prior to federal sentencing, without regard to any federal sentencing consequences of doing so.

Conviction affirmed; sentence vacated and remanded.

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