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U.S. v. ALEXANDER

No. 06-1867.

517 F.3d 887 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Wayne ALEXANDER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Paul D. Lochner, Assistant United States Attorney, Marquette, Michigan, for Appellee.

Before: KENNEDY, MARTIN, and COLE, Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which COLE, J., joined. KENNEDY, J. (pp. 890-91), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Defendant-Appellant Donald Wayne Alexander pleaded guilty to an indictment charging him with sexual abuse of a minor in violation of 18 U.S.C. § 2243(a). The district court departed upward and sentenced Alexander to forty-two months' imprisonment. Because the...

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