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U.S. v. BARBER

No. 98-1558.

200 F.3d 908 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Michael BARBER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2000

Attorney(s) appearing for the Case

Daniel Y. Mekaru (argued and briefed), Office of the U.S. Attorney for the Western District of Michigan, Grand Rapids, Michigan, for Plaintiff-Appellee.

Craig A. Frederick (argued and briefed), Grand Rapids, Michigan, for Defendant-Appellant.

Before: NORRIS and COLE, Circuit Judges; SARGUS, District Judge.

OPINION

SARGUS, District Judge.

Defendant, Scott Michael Barber, entered a plea of guilty to a violation of 18 U.S.C. § 922(g)(1), charging him with knowingly possessing a firearm as a convicted felon. At sentencing, the district court granted the Government's motion for an upward departure based upon its determination that the defendant's criminal history failed to reflect the seriousness of his past criminal conduct. The district court departed upward...

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