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U.S. v. GILBERT

No. 97-1792.

173 F.3d 974 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Torye Shevar GILBERT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

Michael Hluchaniuk, Asst. U.S. Attorney (argued and briefed), Office of U.S. Attorney, Bay City, MI, for Plaintiff-Appellee.

David G. Myers (argued and briefed), Caro, MI, for Defendant-Appellant.

Before: NELSON and NORRIS, Circuit Judges; COFFMAN, District Judge.

DAVID A. NELSON, J., delivered the opinion of the court, in which ALAN E. NORRIS, J., joined. COFFMAN, D.J. (pp. 979-82), delivered a separate opinion concurring in part and dissenting in part.

DAVID A. NELSON, Circuit Judge.

After pleading guilty to a charge that he distributed crack cocaine on August 7, 1996 (a date on which he sold a .14 gram "rock" of crack to an undercover agent), the defendant was sentenced to imprisonment for a term of 15 years and...

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