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U.S. v. McCLELLAN

No. 97-2231.

164 F.3d 308 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Rudolph A. McCLELLAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 5, 1999.

Attorney(s) appearing for the Case

Patricia G. Blake (argued), Rafael M. Gonzales, Jr., Asst. U.S. Atty., Bruce C. Judge, U.S. Atty. (briefed), Office of the U.S. Attorney, Detroit, MI, for Plaintiff-Appellee.

Richard J. O'Neill (argued and briefed), Detroit, MI, for Defendant-Appellant.

Before: JONES and COLE, Circuit Judges; O'MALLEY, District Judge.

OPINION

COLE, Circuit Judge.

Defendant-Appellant Rudolph McClellan appeals the sentence imposed by the district court following revocation of his term of supervised release. For the reasons that follow, we reverse the judgment of the district court and remand for resentencing.

I.

In 1994, McClellan entered a plea of guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court...

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