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U.S. v. THOMPSON

No. 08-3760.

586 F.3d 1035 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Marcellus THOMPSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 20, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Mark R. DeVan, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellant. Laura McMullen Ford, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: KENNEDY and ROGERS, Circuit Judges; HOOD, District Judge.

OPINION

HOOD, Senior District Judge.

Defendant-Appellant Marcellus Thompson ("Thompson") appeals the district court's sentence upon his plea of guilty to a charge of possession with intent to distribute cocaine base. The district court determined that the applicable advisory sentencing guideline range was 24 to 30 months and sentenced Thompson to 28 months' imprisonment. Thompson claims that this sentence is improper because the district court calculated...

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