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U.S. v. JOHNSON

No. 05-6309.

467 F.3d 559 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Undrae JOHNSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2006.

Attorney(s) appearing for the Case

ON BRIEF: M. Dianne Smothers, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant. James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. GRIFFIN, J. (pp. 566-571), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Defendant, Timothy Undrae Johnson, appeals to this Court his sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Defendant claims that the sentence imposed by the district court was not "reasonable" in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) inasmuch as the district court failed to properly consider...

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