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U.S. v. GAPINSKI

No. 08-1193.

561 F.3d 467 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward GAPINSKI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Anne T. Lasker, Law Office, Grand Rapids, Michigan, for Appellant. B. René Shekmer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Anne T. Lasker, Law Office, Grand Rapids, Michigan, for Appellant. B. René Shekmer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. BATCHELDER, J. (p. ____), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant James Edward Gapinski ("Gapinski") pleaded guilty to one count of conspiracy to manufacture more than 100 marijuana plants, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B)(vii). He now appeals the 120-month sentence imposed by the district court upon resentencing after we vacated his original 156-month sentence and remanded for resentencing in light of United States...

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