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U.S. v. VANDEWEGE

No. 07-2250.

561 F.3d 608 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Michael VANDEWEGE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 8, 2009.

Attorney(s) appearing for the Case

ARGUED: David L. Kaczor, Federal Public Defender's Office, Western District of Michigan, Grand Rapids, Michigan, for Appellant. Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Richard D. Stroba, Federal Public Defender's Office, Western District of Michigan, Grand Rapids, Michigan, for Appellant. Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

MERRITT, J., delivered the opinion of the court, in which KEITH, J., joined. GIBBONS, J. (pp. 610-11), delivered a separate opinion concurring in the judgment.

OPINION

MERRITT, Circuit Judge.

The defendant, who is addicted to cocaine, appeals his 162-month sentence for distribution of cocaine, a significant part of which is attributable to 12.3 grams of crack cocaine found underneath the passenger-side floorboard mat of his car. On appeal, he contests only the portion of his sentence attributed to the 12.3 grams and, in addition, requests resentencing because of the recent retroactive application of new crack cocaine...

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