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U.S. v. GRANT

No. 07-3831.

567 F.3d 776 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin GRANT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Dennis Belli, Columbus, Ohio, for Appellant. Kevin Winters Kelley, Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: Dennis Belli, Columbus, Ohio, for Appellant. Kevin Winters Kelley, Robyn Jones Hahnert, Assistant United States Attorneys, Columbus, Ohio, for Appellee.

MERRITT, J., delivered the opinion of the court, in which KEITH, J., joined. GIBBONS, J. (pp. 784-87), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

This sentencing appeal raises the question of what factors a district court may consider when deciding a motion to reduce a sentence pursuant to Federal Rule of Criminal Procedure 35(b), which allows the sentencing judge to reduce a sentence for substantial assistance to the government by the defendant. Defendant Kevin Grant pleaded guilty to several crimes related to heroin trafficking, and was sentenced to 25 years' imprisonment...

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