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U.S. v. ROBINSON

No. 08-6023.

609 F.3d 868 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny ROBINSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 25, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Christopher E. Cotten, Assistant United States Attorney, Memphis, Tennessee, for Appellee. Johnny Robinson, Forrest City, Arizona, pro se.

COOK, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. MERRITT, J. (pp. 869-70), delivered a separate opinion concurring in the result only.

OPINION

COOK, Circuit Judge.

Johnny Robinson appeals pro se from a district court order granting his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) and moves for appointment of counsel on appeal. Because the district court properly recognized the binding nature of the Guidelines, we affirm.

A jury convicted the defendant of possessing cocaine base, conspiring to distribute cocaine base,...

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