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U.S. v. BOSTIC

No. 02-6437.

371 F.3d 865 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Henry A. BOSTIC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 17, 2004.

Attorney(s) appearing for the Case

David C. Jennings (argued and briefed), Asst. U.S. Attorney, Knoxville, TN, for Plaintiff-Appellant.

John O. Gibson (argued and briefed), Loudon, TN, for Defendant-Appellee.

Before: MARTIN, RYAN, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

The government, with the approval of the Solicitor General, appeals from the sentence imposed by the district court on Henry Alvin Bostic ("Bostic"). Pursuant to a written plea agreement, Bostic pleaded guilty to firearms charges. At Bostic's sentencing hearing, the district court granted a downward departure under United States Sentencing Guideline ("U.S.S.G.") § 5H1 "[d]ue to the defendant's age, infirmity and poor health...

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