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U.S. v. O'GEORGIA

Nos. 05-2598, 06-2505.

569 F.3d 281 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. McMaine Allen O'GEORGIA (05-2598); a/k/a Mark Arhebamen (06-2505), Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 24, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Martin J. Beres, Law Offices of Martin J. Beres, Clinton Township, Michigan, for Appellants. Alan Hechtkopf, Elissa Hart-Mahan, John Hinton III, United States Department of Justice, Washington, D.C., for Appellee. McMaine Allen O'Georgia, Mark Arhebamen, Rochester, Minnesota, pro se.

GILMAN, J., delivered the opinion of the court, in which MARTIN, J., joined. ZOUHARY, D.J. (pp. 297-307), delivered a separate opinion dissenting in part and concurring in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Mark Arhebamen, also known as McMaine Allen O'Georgia, pled guilty in 2001 to one count of aiding and assisting in the preparation of a false federal income tax return. He received a sentence of 21 months of imprisonment plus one year of supervised release. This court affirmed his conviction and sentence, but the Supreme Court remanded the case in 2005 for resentencing in light of United States v. Booker,...

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