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U.S. v. JONES

No. 08-1352.

569 F.3d 569 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jumal George JONES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 7, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Daniel R. Fagan, Daniel R. Fagan & Associates, P.C., Grand Rapids, Michigan, for Appellant. Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court, in which SUTTON, J., joined. BOGGS, C.J. (pp. 574-76), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Jumal George Jones ("Jones") pleaded guilty to one count of possession with intent to distribute over fifty grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(iii), and one count of possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c). He now appeals the ten-year mandatory-minimum sentence imposed for...

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