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U.S. v. MITCHELL

No. 99-4272.

243 F.3d 953 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee MITCHELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 19, 2001.

Attorney(s) appearing for the Case

ARGUED: David J. Graeff, Columbus, Ohio, for Appellant.

Michael J. Burns, Assistant United States Attorney, Columbus, Ohio, for Appellee.

ON BRIEF: David J. Graeff, Columbus, Ohio, for Appellant.

Michael J. Burns, Assistant United States Attorney, Columbus, Ohio, for Appellee.

Before: MARTIN, Chief Judge; MOORE, Circuit Judge; TARNOW, District Judge.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Robert Lee Mitchell appeals his six-year sentence for possession with intent to distribute cocaine. For the following reason, we VACATE his sentence and REMAND to the district court for resentencing.

I.

On February 23, 1999, Federal Drug Enforcement Administration Task Force agents received information that Mitchell, a suspected drug courier, was flying into the Columbus, Ohio airport from Los...

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