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U.S. v. YOPP

No. 05-1807.

453 F.3d 770 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory YOPP, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2006.

Attorney(s) appearing for the Case

ARGUED: Loren E. Gross, Federal Public Defenders Office, Detroit, Michigan, for Appellant. Susan E. Gillooly, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Andrew N. Wise, Federal Public Defenders Office, Detroit, Michigan, for Appellant. Susan E. Gillooly, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: MARTIN, MOORE, and ROGERS, Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which MOORE, J., joined. ROGERS, J. (p. 774), delivered a separate dissenting opinion.

MARTIN, JR., Circuit Judge.

The defendant, Gregory Yopp, pled guilty to violating the terms of his supervised release. The district court sentenced Yopp to the statutory maximum of twenty-four months imprisonment in order to force Yopp to participate in the Federal Bureau of Prisons 500 hour drug treatment program. Yopp...

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