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IN RE SEALED CASE

No. 06-3082.

552 F.3d 841 (2009)

In re SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 2009.

Attorney(s) appearing for the Case

Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.

Kristina L. Ament, Assistant U.S. Attorney, argued the cause for appellee. On the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III and Elizabeth H. Danello, Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge BROWN.

EDWARDS, Senior Circuit Judge:

Appellant pled guilty to maintaining a crack house, in violation of 21 U.S.C. § 856(a)(2), and to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The District Court sentenced him to a 97-month term of imprisonment under U.S.S.G. § 2D1.8(a)(1), a provision of the United States Sentencing Guidelines ("Guidelines") that imposes a substantially higher base offense level for persons convicted...

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