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U.S. v. WHITE

No. 05-6596.

503 F.3d 487 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Clayton WHITE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 5, 2007.

Attorney(s) appearing for the Case

ON BRIEF: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant. Charles P. Wisdom, Jr., Andrew Sparks, Assistant United States Attorneys, Lexington, Kentucky, for Appellee. Roger Clayton White, Ashland, Kentucky, pro se.

Before: MERRITT, DAUGHTREY, and GRIFFIN, Circuit Judges.

GRIFFIN, J. (p. ___), delivered a separate opinion concurring in the result.

OPINION

PER CURIAM.

In this sentencing appeal, after two members of the panel agreed to an opinion reversing the defendant's 14-year-upward adjustment based specifically on conduct for which the jury had acquitted the defendant, another panel of our court rendered an opinion in United States v. Mendez, 498 F.3d 423, 2007 WL 2316498...

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