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U.S. v. FUNK

No. 05-3708.

534 F.3d 522 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. James M. FUNK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2008.

Attorney(s) appearing for the Case

ARGUED: Joseph R. Wilson, Assistant United States Attorney, Toledo, Ohio, for Appellant. Spiros P. Cocoves, Law Office, Toledo, Ohio, for Appellee ON BRIEF: Joseph R. Wilson, Assistant United States Attorney, Toledo, Ohio, for Appellant. Spiros P. Cocoves, Law Office, Toledo, Ohio, for Appellee.

Before: BOGGS, Chief Judge; BATCHELDER, Circuit Judge; BELL, Chief District Judge.

BATCHELDER, J., delivered the opinion of the court, in which BELL, D. J., joined. BOGGS, C.J. (p. ____), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

On remand from the Supreme Court, we are charged with deciding whether a district court's below-Guidelines sentence was reasonable. Because we conclude that it was not, we VACATE and REMAND for resentencing.

I.

From 1998 to 2001, James Funk was...

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