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U.S. v. STORY

No. 05-6422.

503 F.3d 436 (2007)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 1, 2007.

Attorney(s) appearing for the Case

ARGUED: Jacob H. Huebert, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant. Caryn L. Hebets, Assistant United States Attorney, Johnson City, Tennessee, for Appellee. ON BRIEF: Jacob H. Huebert, James B. Hadden, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant. Guy W. Blackwell, Assistant United States Attorney, Greeneville, Tennessee, for Appellee.

Before: MARTIN and BATCHELDER, Circuit Judges; O'MEARA, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case is on appeal from the district court's resentencing of Joseph Story in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

On September 22, 2003, Story was sentenced to 360 months' imprisonment after a jury found him guilty of a drug trafficking conspiracy and of crack cocaine possession. On direct appeal to a different...

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