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U.S. v. HARRIS

Nos. 03-6207, 03-6255.

397 F.3d 404 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. William L. HARRIS (03-6207); Tarvis Holmes (03-6255), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 8, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert C. Brooks, Memphis, Tennessee, Eric Scott Hall, Wagerman Law Firm, Memphis, Tennessee, for Appellants. Lorraine Craig, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Robert C. Brooks, Memphis, Tennessee, Eric Scott Hall, Wagerman Law Firm, Memphis, Tennessee, for Appellants. Lorraine Craig, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: KEITH, MOORE, and GILMAN, Circuit Judges.

OPINION

MOORE, Circuit Judge.

This case requires us to determine whether the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, ___ L.Ed.2d ___ (2005), extends to judicial fact-determinations under 18 U.S.C. § 924(c)(1)(B)(i) ("§ 924 Firearm-Type Provision") and its accompanying U.S. Sentencing Guidelines ("Guidelines") provision, § 2K4.2(b). U.S. SENTENCING GUIDELINES MANUAL ("U.S.S.G.") §...

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