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U.S. v. STOUT

No. 08-6025.

599 F.3d 549 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan L. STOUT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 26, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Robert C. Brooks, Law Offices, Memphis, Tennessee, for Appellant. Jerry R. Kitchen, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

Before: MARTIN, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Jonathan Stout appeals his sentence of 300 months' imprisonment for possessing and distributing both crack and powder cocaine. Stout was originally sentenced to 1,200 months' imprisonment, but we vacated Stout's sentence and remanded for resentencing under Booker. Because we determined that the district court clearly erred in failing to distinguish between powder cocaine and...

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