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U.S. v. PEMBROOK

No. 08-6452.

609 F.3d 381 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Daryl Marcus PEMBROOK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 11, 2010.

Attorney(s) appearing for the Case

ARGUED: Daniel T. French, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Randolph W. Alden, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Daniel T. French, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

BOGGS, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. ROGERS, J. (pp. 387-92), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

In 1997, Daryl Marcus Pembrook pleaded guilty to possession with intent to distribute crack cocaine. Under U.S.S.G. § 4B1.1, Pembrook was a career offender. At sentencing, Pembrook prevailed upon the district court to depart downward from his career-offender guideline range to a sentence stated with reference to the analogous range for his crack-cocaine offenses. A decade later, Pembrook filed a motion to reduce his sentence...

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