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U.S. v. ADKINS

No. 04-5474.

429 F.3d 631 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Karson L. ADKINS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 23, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Jeffrey P. Alford, Holloway, Long & Alford, Paducah, Kentucky, for Appellant. Monica Wheatley, Terry M. Cushing, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: RYAN, MOORE, and COOK, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which COOK, J., joined.

MOORE, J., delivered a separate opinion concurring in the judgment.

RYAN, Circuit Judge.

In this direct appeal, the defendant, Karson L. Adkins, alleges that his Sixth Amendment right to trial by jury was violated because his prison sentence is based, in part, upon facts found by the sentencing judge that were neither admitted by Adkins nor found by a jury. We do not agree. The...

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