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U.S. v. HAIRSTON

No. 06-4072.

502 F.3d 378 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph A. HAIRSTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 10, 2007.

Attorney(s) appearing for the Case

ARGUED: Claire J. Evans, United States Department of Justice, Washington, D.C., for Appellant. Terry K. Sherman, Columbus, Ohio, for Appellee. ON BRIEF: Daniel S. Goodman, United States Department of Justice, Washington, D.C., Gary L. Spartis, Assistant United States Attorney, Columbus, Ohio, for Appellant. Terry K. Sherman, Columbus, Ohio, for Appellee.

MARTIN, J., delivered the opinion of the court, in which O'MEARA, D.J., joined. BATCHELDER, J. (pp. 386-88), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The United States appeals Joseph Hairston's 60-month sentence, which was reimposed by the district court on remand in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The government contends that the sentence is substantively unreasonable. We disagree, and thus AFFIRM Hairston's sentence.

I

On May 13, 2002...

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