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U.S. v. GRAHAM

No. 08-5993.

622 F.3d 445 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Donald GRAHAM, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 21, 2010.

Attorney(s) appearing for the Case

ARGUED: Timothy J. McKenna , Law Office of Timothy J. McKenna, LLC, Cincinnati, Ohio, for Appellant. Andrew Sparks , Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Timothy J. McKenna , Law Office of Timothy J. McKenna, LLC, Cincinnati, Ohio, for Appellant. Andrew Sparks , James E. Arehart , Charles P. Wisdom, Jr. , Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

MOORE, J., delivered the opinion of the court, in which GIBBONS, J., joined. MERRITT, J. (pp. 465-70), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Donald Graham, convicted of three counts of a seven-count indictment for crack-cocaine offenses under 21 U.S.C. §§ 841(a)(1) and 846 and 18 U.S.C. § 2, appeals from the district court's denial of his Federal Rule of Criminal Procedure 29 motion for a judgment of acquittal, denial of his motion to disregard life sentence, and sentencing decision. Graham's main contention on appeal is that his life...

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