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U.S. v. WYNN

No. 07-4307.

579 F.3d 567 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio WYNN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan Witmer-Rich, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Gregory C. Sasse, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Jonathan Witmer-Rich, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Gregory C. Sasse, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which GIBBONS, J., joined. FRIEDMAN, J. (pp. 578-81), delivered a separate opinion dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Antonio Wynn ("Wynn") appeals his 235-month sentence resulting from a guilty plea, pursuant to a written plea agreement, to one count of possession with intent to distribute five grams or more of crack cocaine in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(B). Wynn's sole argument on appeal is that, in light of the Supreme Court's recent decision in Begay v. United States, ___...

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