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U.S. v. TRISTAN-MADRIGAL

No. 09-1003.

601 F.3d 629 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio TRISTAN-MADRIGAL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2010.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. R. Clay Stiffler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Sean R. Tilton, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. John F. Salan, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: MARTIN, SILER, and MOORE, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant Sergio Tristan-Madrigal appeals the district court's imposition of a thirty-six month, above-Guidelines sentence as substantively unreasonable. Tristan-Madrigal argues that the district court's upward variance overemphasized his criminal history and that no information in the record supported a variance of the magnitude that the district court imposed. He additionally contends that the district court provided...

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