U.S. v. GALVAN

No. 04-1741, 05-1188.

453 F.3d 738 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick GALVAN (04-1741); Charles Johnson (05-1188), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2006.


Attorney(s) appearing for the Case

ARGUED: Russell J. Perry, Jr., Saginaw, Michigan, Elias J. Escobedo, Jr., Waterford, Michigan, for Appellants. James C. Mitchell, Assistant United States Attorney, Flint, Michigan, for Appellee. ON BRIEF: Russell J. Perry, Jr., Saginaw, Michigan, Elias J. Escobedo, Jr., Waterford, Michigan, for Appellants. James C. Mitchell, Assistant United States Attorney, Flint, Michigan, for Appellee.

Before: BATCHELDER, GIBBONS, and COOK, Circuit Judges.


OPINION

COOK, Circuit Judge.

Patrick Galvan1 and Charles Johnson pleaded guilty to conspiring to distribute cocaine. Both individuals attack the sentences that the district court imposed. Galvan argues that the district court miscalculated his criminal history and that the court determined his sentence under mandatory Sentencing Guidelines, and Johnson argues that the district court improperly enhanced his sentence. We vacate...

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