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U.S. v. MAYE

No. 07-4311.

582 F.3d 622 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Ricco Lamonte MAYE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 5, 2009.

Attorney(s) appearing for the Case

ARGUED: Michael M. Losavio, Louisville, Kentucky, for Appellant. Salvador A. Dominguez, Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: Michael M. Losavio, Louisville, Kentucky, for Appellant. Salvador A. Dominguez, Assistant United States Attorney, Columbus, Ohio, for Appellee.

DAUGHTREY, J., delivered the opinion of the court, in which MOORE, J., joined. BATCHELDER, C.J. (pp. 635-41), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The defendant, Ricco Lamonte Maye, pleaded guilty to charges of distributing more than five grams of crack cocaine and possessing a firearm in furtherance of a drug-trafficking crime. The district court sentenced Maye to consecutive prison terms of 78 months and 60 months, respectively. The defendant now contends that: (1) the district judge improperly denied him a three-level reduction in his guideline sentencing...

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