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UNITED STATES v. SMITH

No. 05-1725.

445 F.3d 1 (2006)

UNITED STATES of America, Appellant, v. COREY SMITH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 7, 2006.

Attorney(s) appearing for the Case

Patrick M. Hamilton, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellant.

Jonathan Shapiro with whom Stern, Shapiro, Weissberg & Garin, LLP was on brief, for appellee.

Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

BOUDIN, Chief Judge.

Corey Smith pled guilty to six counts of crack distribution and one count of conspiring to sell crack. Applying the sentencing guidelines, the district court calculated Smith's sentencing range to be 100-125 months of imprisonment, but then sentenced Smith to 46 months of imprisonment (followed by six years of supervised release). The government now appeals, arguing that Smith's sentence is unreasonably low.

In October and November of...

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