U.S. v. NOVALES

No. 07-3663.

589 F.3d 310 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Natanael NOVALES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2009.


Attorney(s) appearing for the Case

ON BRIEF: Erik Jameson Clark, Douglas R. Cole, Allison E. Haedt, Jones Day, Columbus, Ohio, Lawrence J. Whitney, Burdon & Merlitti, Akron, Ohio, for Appellant. Blas E. Serrano, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: SILER, GILMAN, and ROGERS, Circuit Judges.


OPINION

RONALD LEE GILMAN, Circuit Judge.

Pursuant to a plea agreement, Natanael Novales pled guilty to one count of conspiracy to possess cocaine with the intent to distribute the drug. The parties agreed to recommend a sentence of 105 months' imprisonment. At Novales's sentencing hearing, however, the district court sentenced him to 110 months of imprisonment without any indication that the court had calculated...

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