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U.S. v. WILSON

No. 08-1963.

614 F.3d 219 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Lashawn WILSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2010.

Attorney(s) appearing for the Case

ARGUED: John R. Minock, Cramer & Minock, PLC, Ann Arbor, Michigan, for Appellant. Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: John R. Minock, Cramer & Minock, PLC, Ann Arbor, Michigan, for Appellant. Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee.

BOGGS, J., delivered the opinion of the court, in which MARTIN and COLE, JJ., joined. MARTIN, J. (pp. 226-28), delivered a separate concurring opinion, in which COLE, J., also joined.

OPINION

BOGGS, Circuit Judge.

Lashawn Wilson ("Wilson") pleaded guilty to a single count of mail fraud, in violation of 18 U.S.C. § 1341, and was sentenced to 48 months of imprisonment. She now brings this sentencing appeal, arguing that the district court committed plain error by selecting her sentence based on the clearly erroneous premise that she had stolen one thousand money orders and five hundred cashier's checks. We agree, and we therefore vacate...

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