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U.S. v. HOUSTON

No. 06-6329.

529 F.3d 743 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. James E. HOUSTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 27, 2008.

Attorney(s) appearing for the Case

ARGUED: David M. Eldridge, Eldridge & Blakney, Knoxville, Tennessee, for Appellant. John P. MacCoon, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: David M. Eldridge, Loretta G. Cravens, Eldridge & Blakney, Knoxville, Tennessee, for Appellant. John P. MacCoon, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

McKEAGUE, J., delivered the opinion of the court, in which SUTTON, J., joined. CLAY, J. (pp. 757-63), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

Defendant-appellant appeals from a judgment sentencing him to a prison term of twelve months and a day, followed by three years of supervised release. Appellant contends the district court erred by granting the government's motion to strike its amended judgment of sentence, under which he had been sentenced to probation only. In addition, appellant contends the reinstated original sentence is procedurally and substantively...

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