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U.S. v. BOUDREAU

No. 07-2143.

564 F.3d 431 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin Pierrie BOUDREAU, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 23, 2009.

Attorney(s) appearing for the Case

ARGUED: Margaret Sind Raben, Gurewitz & Raben, PLC, Detroit, Michigan, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Margaret Sind Raben, Gurewitz & Raben, PLC, Detroit, Michigan, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which STAMP, D. J., joined. CLAY, J. (pp. 439-42), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant Alvin Boudreau appeals from the 240-month mandatory minimum sentence the district court imposed upon remand from this court for resentencing in light of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Boudreau asserts that the government improperly filed its information...

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