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U.S. v. SANDERS

No. 04-4540.

452 F.3d 572 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Lummie SANDERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Alan C. Rossman, Cleveland, Ohio, for Appellant. Bruce A. Khula, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

GIBBONS, J., delivered the opinion of the court, in which GRIFFIN, J., joined.

MARTIN, J. (pp. 583-593), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

The case before us originated in 1993, when defendant-appellant Lummie Sanders was convicted of two firearm offenses and sentenced to 37 months imprisonment. Seven years later, following two direct appeals and...

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