U.S. v. McINTOSH

No. 05-2525.

484 F.3d 832 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Joe Louis McINTOSH, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 1, 2007.


Attorney(s) appearing for the Case

ARGUED: Andrew B. Birge, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant. Scott Graham, Howard & Howard, Kalamazoo, Michigan, for Appellee. ON BRIEF: John F. Salan, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant. Scott Graham, Howard & Howard, Kalamazoo, Michigan, for Appellee.

Before MARTIN and CLAY, Circuit Judges; POLSTER, District Judge.


BOYCE F. MARTIN, JR., Circuit Judge.

Defendant Joe Louis McIntosh pled guilty to being a felon in possession of a firearm and possession with intent to distribute five grams or more of cocaine base. The latter count carried a statutory minimum of sixty months' imprisonment. The district court sentenced McIntosh to thirty months. The government now appeals, claiming that the plea agreement did not authorize the district court...

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