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U.S. v. SMITH

No. 04-5359.

404 F.3d 1019 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jeremy SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2005.

Attorney(s) appearing for the Case

K. Jayaraman, Memphis, Tennessee, for Appellant.

V. Rae Oliver, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: DAUGHTREY and CLAY, Circuit Judges; GRAHAM, District Judge.

OPINION

CLAY, Circuit Judge.

Defendant Jeremy Smith appeals from the 120 month sentence entered by the district court following his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Because the district court's sentencing calculation under the then-mandatory United States Sentencing Guidelines violated Defendant's Sixth Amendment rights, we VACATE Defendant's sentence and REMAND for resentencing in light of...

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