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U.S. v. MICKENS

No. 05-3377.

453 F.3d 668 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Jemel MICKENS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 3, 2006.

Attorney(s) appearing for the Case

ARGUED: Dennis G. Terez, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Bruce A. Khula, United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Dennis G. Terez, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Bruce A. Khula, United States Attorney, Cleveland, Ohio, for Appellee.

Before: BOGGS, Chief Judge; SUTTON, Circuit Judge; SCHWARZER, District Judge.

OPINION

SUTTON, Circuit Judge.

Kevin Jemel Mickens challenges his 30-month sentence for possession of counterfeit devices and counterfeit-device-making equipment. In his view, the district court miscalculated the loss from the counterfeit scheme, mixing intended and actual loss in a way that gave him a higher guidelines range than the facts of this case permit. Concluding that the district court's loss calculation...

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