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U.S. v. RICKS

Nos. 05-4832, 05-4833.

494 F.3d 394 (2007)

UNITED STATES of America, Appellant, v. Michael RICKS and Marc Ricks, Appellees.

United States Court of Appeals, Third Circuit.

Filed: July 20, 2007.

Attorney(s) appearing for the Case

David E. Troyer, Ara B. Gershengorn, (Argued), Office of the United States Attorney, Philadelphia, PA, Attorneys for the United States of America.

David L. McColgin, (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Attorney for Marc Ricks.

Gavin P. Holihan, Allentown, PA, Attorney for Michael Ricks.

Mark Osler, Baylor Law School, Waco, TX, Attorney for Amici Curiae American Civil Liberties Union Foundation Drug Law Reform Project, American Civil Liberties Union of Pennsylvania, Douglas A. Berman, Michael M. O'Hear, David N. Yellen, and David M. Zlotnick.

Before: SCIRICA, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

Marc Ricks pleaded guilty to a drug conspiracy charge and was sentenced to 135 months in prison. His brother, Michael Ricks, was sentenced to 168 months in prison after pleading guilty to drug conspiracy, conspiracy to commit murder-for-hire, and conspiracy to affect interstate commerce by robbery. The government appeals these sentences, arguing that they are unreasonable because the District Court improperly...

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