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U.S. v. HAMEED

No. 09-3259.

614 F.3d 259 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Talif HAMEED, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 26, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Donna M. Grill, Office of the Federal Public Defender, Toledo, Ohio, for Appellant. Bernard A. Smith, Assistant United States Attorney, Akron, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, C.J. (pp. 269-72), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Talif Hameed pleaded guilty to one count of conspiracy to possess with intent to distribute crack cocaine and one count of being a felon in possession of a firearm. Under § 2D1.1 of the U.S. Sentencing Guidelines ("U.S.S.G."), which lists the base offense levels corresponding to the quantity of drugs attributable to a defendant, Hameed's sentencing range would have been 78 to 97 months of imprisonment. Hameed...

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