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U.S. v. SCHRAY

No. 03-1136.

383 F.3d 430 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Scott SCHRAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 10, 2004.

Attorney(s) appearing for the Case

B. Rene Shekmer (briefed), U.S. Attorney's Office for the Western District of Michigan, Grand Rapids, MI, for Plaintiff-Appellee.

Frank E. Stanley (briefed), Grand Rapids, MI, for Defendant-Appellant.

Before: KEITH and CLAY, Circuit Judges; O'MEARA, District Judge.

OPINION

CLAY, Circuit Judge.

Defendant, Bryan Scott Schray, appeals a January 10, 2003 judgment of the United States District Court for the Western District of Michigan, sentencing Defendant to 120 months imprisonment for manufacturing more than one thousand marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(A)(vii). For the reasons set forth below, we VACATE the sentence and REMAND for re-sentencing.

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