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U.S. v. GARNER

No. 05-4215/4337.

491 F.3d 532 (2007)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Herman E. GARNER, III, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 20, 2007.

Attorney(s) appearing for the Case

ARGUED: K. Scott Hamilton, Dickinson, Wright, Detroit, Michigan, for Appellant. Samuel A. Yannucci, Assistant United States Attorney, Akron, Ohio, for Appellee. ON BRIEF: Katherine L. MacPherson, Dickinson, Wright, Grand Rapids, Michigan, for Appellant. Samuel A. Yannucci, Assistant United States Attorney, Akron, Ohio, for Appellee. Herman E. Garner III, Lisbon, Ohio, pro se.

Before: SILER and GILMAN, Circuit Judges; ZATKOFF, District Judge.

OPINION

ZATKOFF, District Judge.

In 2003, Garner was convicted by a jury of conspiracy to distribute cocaine and sentenced to a statutory mandatory minimum sentence of 120 months because of a sentencing enhancement due to a previous felony drug conviction. After this Court affirmed Garner's conviction and sentence and Garner filed a petition for writ of certiorari, the case was remanded to the district court for re-sentencing in light of United States...

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