U.S. v. COLEMAN

No. 09-5052.

627 F.3d 205 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Antonius COLEMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 10, 2010.


Attorney(s) appearing for the Case

ARGUED: Tyrone Jemal Paylor , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Daniel T. French , Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Tyrone Jemal Paylor , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Daniel T. French , Assistant United States Attorney, Memphis, Tennessee, for Appellee.

ROSE, D.J., delivered the opinion of the court, in which GRIFFIN, J., joined. GILMAN, J. (pp. 215-18), delivered a separate opinion concurring in part and dissenting in part.


OPINION

ROSE, District Judge.

On September 10, 2008, Antonius Coleman ("Coleman") pled guilty to two counts of being a felon in possession of ammunition. As a condition for the plea, the United States agreed, subject to certain conditions, to recommend full acceptance of responsibility and to dismiss a possession-of-marijuana count. At sentencing, Coleman was given a four-level enhancement for possessing 23 live...

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