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U.S. v. GRANT

No. 07-3831.

636 F.3d 803 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin GRANT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Dennis Belli , Columbus, Ohio, for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Dennis Belli , Columbus, Ohio, for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, Robyn Jones Hahnert , Kevin Winters Kelley , Assistant United States Attorneys, Columbus, Ohio, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which BATCHELDER, C.J., MARTIN, BOGGS, GILMAN, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, and KETHLEDGE, JJ., joined. MERRITT, J. (p. 819), delivered a separate concurrence. WHITE, J. (pp. 819-22), delivered a separate opinion concurring in part and dissenting in part. CLAY, J. (pp. 822-27), delivered a separate dissenting opinion, in which KEITH, MOORE, and COLE, JJ., joined.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-appellant Kevin Grant pled guilty to possession of a firearm, conspiracy to commit money laundering, and operation of a continuing criminal enterprise. The district court sentenced Grant to twenty-five years in prison, the mandatory minimum sentence for those charges. After Grant's sentence was affirmed by a panel of this court, the government filed a motion pursuant to Federal Rule of Criminal Procedure...

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