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U.S. v. FRANKLIN

No. 08-2195.

622 F.3d 650 (2010)

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

United States Court of Appeals, Sixth Circuit.

September 23, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Kenneth P. Tableman , Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellant. Daniel R. Hurley , Assistant United States Attorney, Detroit, Michigan, for Appellee.

FORESTER, D. J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (p. 658), delivered a separate dissenting opinion.

OPINION

FORESTER, District Judge.

Appellant Marcus Franklin appeals his sentence for the third time, arguing that this Court's decision on his second appeal was mistaken and that the Sentencing Commission's policy precluding consideration of post-sentencing rehabilitation should be disregarded. For the reasons that follow, we AFFIRM Franklin's sentence.

I. BACKGROUND

Marcus Franklin, a former employee of Guardian Armored Services...

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