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U.S. v. MALONE

No. 06-2099.

503 F.3d 481 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Oscar MALONE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellant. Penny R. Beardslee, Federal Public Defenders Office, Detroit, Michigan, for Appellee. ON BRIEF: Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellant. Penny R. Beardslee, Federal Public Defenders Office, Detroit, Michigan, for Appellee.

Before: SUTTON and McKEAGUE, Circuit Judges; FORESTER, District Judge.

OPINION

McKEAGUE, Circuit Judge.

In this Government appeal, it is argued, Appellee Oscar Malone's 24-month sentence, which represents a 27-month downward variance1 from the Guidelines range of 51 to 63 months, is unreasonable. The Government argues, inter alia, that by considering the sentence the defendant would have received had he been convicted in state court, the district court relied on an impermissible factor. For...

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