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U.S. v. SIMMONS

No. 06-6173.

501 F.3d 620 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Kossie Lamon SIMMONS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2007.

Rehearing Denied September 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Craig V. Morton II, Morton & Germany, Memphis, Tennessee, for Appellant. Cam Towers Jones, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Craig V. Morton II, Morton & Germany, Memphis, Tennessee, for Appellant. Cam Towers Jones, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: KENNEDY and COOK, Circuit Judges; ALDRICH, District Judge.

OPINION

KENNEDY, Circuit Judge.

Kossie Lamon Simmons ("defendant") appeals his sentence imposed after he pleaded guilty to health care fraud in violation of 18 U.S.C. § 1347. After granting an eight-level departure requested by the government, calculating a guideline range of twenty-seven to thirty-three months, and considering the 18 U.S.C. § 3553(a) factors, the district court imposed a sentence of twenty-three months in prison as well as restitution...

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