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U.S. v. CHRISTOPHER

No. 04-3946.

415 F.3d 590 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Larry P. CHRISTOPHER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 28, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael J. O'Shea, Goldberg & O'Shea Co., Cleveland, Ohio, for Appellant. James C. Lynch, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Michael J. O'Shea, Goldberg & O'Shea Co., Cleveland, Ohio, for Appellant. James C. Lynch, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: ROGERS and SUTTON, Circuit Judges; FORESTER, District Judge.

OPINION

ROGERS, Circuit Judge.

Defendant-Appellant Larry P. Christopher appeals his sentence, arguing that the sentence offends the Sixth Amendment because the district court found facts mandating an increase in Christopher's offense level under the United States Sentencing Guidelines. Christopher was convicted of mail fraud. The district court issued two alternative sentences: one in the event that the Guidelines...

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