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U.S. v. VONNER

No. 05-5295.

452 F.3d 560 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin VONNER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Stephen Ross Johnson, Ritchie, Fels & Dillard, Knoxville, Tennessee, for Appellant. Charles E. Atchley, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Stephen Ross Johnson, Ritchie, Fels & Dillard, Knoxville, Tennessee, for Appellant. Charles E. Atchley, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee.

Before: MARTIN, SILER, and CLAY, Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which CLAY, J., joined.

SILER, J. (pp. 569-571), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Alvin Vonner was charged with and later pled guilty to distributing cocaine. Vonner now appeals his sentence claiming that it violates the Sixth Amendment pursuant to the Supreme Court's holding in United States v. Booker...

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