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U.S. v. CARTER

No. 07-5551.

510 F.3d 593 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Vernon Tresmont CARTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 17, 2007.

Attorney(s) appearing for the Case

ARGUED: David L. Cooper, The Law Office of David L. Cooper, Nashville, Tennessee, for Appellant. Darryl A. Stewart, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: David L. Cooper, The Law Office of David L. Cooper, Nashville, Tennessee, for Appellant. Darryl A. Stewart, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: ROGERS and SUTTON, Circuit Judges; BERTELSMAN, District Judge.

OPINION

ROGERS, Circuit Judge.

Defendant Vernon T. Carter appeals his sentence of 15 months' imprisonment for filing false income tax returns. At the sentencing hearing, the district court denied Carter's motion for a downward departure/variance and enhanced Carter's sentence by two levels for obstruction of justice. Carter raises three arguments on appeal: (1) the district court erred when it denied his motion for a downward departure and/or variance based...

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