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U.S. v. HOLCOMB

No. 08-6520.

625 F.3d 287 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Tary HOLCOMB, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. James E. Arehart , Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. James E. Arehart , Charles P. Wisdom, Jr. , Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

Before: DAUGHTREY, GILMAN, and McKEAGUE, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Tary Holcomb pled guilty to escaping from a federal prison camp. The district court sentenced him to 10-months' imprisonment, to run consecutively to his undischarged time for a marijuana conviction, followed by three years of supervised release. Holcomb now appeals, arguing that the court miscalculated his U.S. Sentencing Guidelines (U.S.S.G.) range because it did not grant him a seven-level downward departure pursuant...

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