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U.S. v. GRAY

No. 92-3179.

982 F.2d 1020 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Randall GRAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Robert Brichler, Asst. U.S. Atty., Cincinnati, OH (argued), for plaintiff-appellee.

R. Scott Croswell, III (briefed), Elizabeth E. Agar (argued), Croswell & Adams, Cincinnati, OH, for defendant-appellant.

Before: KEITH, KENNEDY, and JONES, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Defendant-Appellant Randall Gray, who pled guilty to selling drug paraphernalia, appeals his sentence which includes an upward departure from the federal sentencing guidelines. Since we find that the district court considered inappropriate factors in making the upward departure, and did not adequately justify potentially appropriate ones, we vacate the sentence and remand for resentencing...

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