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U.S. v. JOINTER

No. 05-4632.

457 F.3d 682 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. John W. JOINTER, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 2006.

Attorney(s) appearing for the Case

Barry D. Glickman (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellant.

James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellee.

Before RIPPLE, MANION and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

On October 7, 2005, Mr. Jointer pleaded guilty to distribution of and possession with intent to distribute cocaine base ("crack"). See 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(iii). He was sentenced to 87 months' imprisonment, a term below the advisory guideline range. The Government now appeals Mr. Jointer's sentence; it submits that the district court exceeded its authority by substituting a 20:1 crack-to-powder cocaine sentencing...

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