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U.S. v. SEXTON

Nos. 05-6412, 05-6415, 05-6416.

512 F.3d 326 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Norman T. SEXTON (05-6412); Richard Romans (05-6415); James Albert Legg (05-6416), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2008.

Attorney(s) appearing for the Case

ARGUED: Stephen T. Greer, Dunlap, Tennessee, Marshall A. Raines, Swafford, Jenkins & Raines, Jasper, Tennessee, Clayton M. Whittaker, Mack & Whittaker, Chattanooga, Tennessee, for Appellants. Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Stephen T. Greer, Dunlap, Tennessee, Marshall A. Raines, Swafford, Jenkins & Raines, Jasper, Tennessee, Clayton M. Whittaker, Mack & Whittaker, Chattanooga, Tennessee, for Appellants. Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.

ROGERS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. MERRITT, J. (pp. ___ _ ___), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Defendants Norman T. Sexton, Richard Romans, and James A. Legg challenge the sentences imposed by the district court on remand from this court for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L...

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