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U.S. v. SMITH

No. 00-6308.

278 F.3d 605 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Myron SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 25, 2002.

Attorney(s) appearing for the Case

Perry H. Piper, Assistant United States Attorney (argued and briefed), Chattanooga, TN, for Appellee.

Nikki C. Pierce (argued and briefed), Federal Defender Services, Greeneville, TN, for Appellant.

Before: KEITH and COLE, Circuit Judges; MARBLEY, District Judge.

OPINION

MARBLEY, District Judge.

Defendant Appellant, Myron "Bam" Smith ("Smith"), appeals the sentence imposed by the district court following Smith's conviction for distribution of a controlled substance, cocaine base, in violation of 21 U.S.C. § 841(a)(1). Smith assigns error to the district court's denial of a downward departure in the sentence based on (1) the fact that his case falls outside the heartland of cases that have applied the career...

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