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U.S. v. MICHAEL

No. 07-2187.

576 F.3d 323 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Bernard MICHAEL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2009.

Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant. Sean C. Maltbie, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, Thomas F. Goeke, Jr., Law Office of Thomas F. Goeke, Jr., Covington, Kentucky, for Appellant. Sean C. Maltbie, Phillip J. Green, Assistant United States Attorneys, Grand Rapids, Michigan, for Appellee.

Before: DAUGHTREY, ROGERS, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

Terry Bernard Michael appeals his convictions and sentence following a jury trial on drug and firearms charges. Michael challenges the sufficiency of the evidence supporting his convictions, and contends that the district court failed to recognize its discretion to disagree with the so-called 100:1 ratio (concerning the treatment of crack and powder-cocaine offenses) as implicitly incorporated into the Sentencing Guidelines...

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