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U.S. v. TATE

No. 06-6529.

516 F.3d 459 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Lando V. TATE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Michael J. Stengel, Stengel Law Office, Memphis, Tennessee, for Appellant. E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Michael J. Stengel, Stengel Law Office, Memphis, Tennessee, for Appellant. E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: GUY, MOORE, and GILMAN, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which GUY, J. joined. MOORE, J. (pp. 472-73), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

In August of 2006, Lando V. Tate was convicted by a jury on one count of being a felon in possession of a firearm. The Sentencing Guidelines range was calculated to be 84 to 105 months of imprisonment, but the government moved for an upward departure on the basis that Tate...

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