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U.S. v. BARTON

No. 05-1229.

455 F.3d 649 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Alan BARTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2006.

Attorney(s) appearing for the Case

ARGUED: Richard D. Stroba, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Hagen W. Frank, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: KENNEDY and COLE, Circuit Judges; VARLAN, District Judge.

KENNEDY, J., delivered the opinion of the court, in which VARLAN, D.J., joined. COLE, J. (p. 660), delivered a separate concurring opinion.

OPINION

KENNEDY, Circuit Judge.

Douglas Alan Barton ("defendant") appeals his post-Booker sentence. In his appeal, he alleges that Booker was applied in a manner inconsistent with his due process rights. He also argues that the district court imposed a sentence that was not reasonable. For the following...

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