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U.S. v. GRAHAM

No. 02-1575.

327 F.3d 460 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Randy GRAHAM, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 28, 2003.

Attorney(s) appearing for the Case

Joan E. Meyer (argued and briefed), United States Attorney's Office, Grand Rapids, MI, for Plaintiff-Appellee.

Jeffrey J. O'Hara (argued and briefed), Grand Rapids, MI, for Defendant-Appellant.

Before BOGGS and MOORE, Circuit Judges; COHN, Senior District Judge.

MOORE, J., delivered the opinion of the court, in which BOGGS, J., joined. COHN, D.J. (p. 466), delivered a separate opinion concurring in the result.

OPINION

MOORE, Circuit Judge.

Section 5G1.2(d) of the U.S. Sentencing Guidelines requires that when the sentence imposed on the count with the greatest statutory maximum is less than the total punishment provided under the guidelines, sentences must be imposed consecutively to the extent necessary...

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