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U.S. v. TATE

Nos. 09-3052, 09-3055.

630 F.3d 194 (2011)

UNITED STATES of America, Appellee v. Rashaad G. TATE, also known as Rah, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2011.

Attorney(s) appearing for the Case

Sandra G. Roland , Assistant Federal Public Defender, argued the cause for appellant Rashaad G. Tate. With her on the briefs was A.J. Kramer , Federal Public Defender. Neil H. Jaffee , Assistant Federal Public Defender, entered an appearance.

Kavita Kumar Puri argued the cause for appellant Richard E. Young . With her on the brief were Justin S. Antonipillai , appointed by the court, and Wells C. Bennett .

Benjamin L. Eisman , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman , Chrisellen R. Kolb , and Gregory G. Marshall , Assistant U.S. Attorneys. Roy W. McLeese III , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Appellants Rashaad G. Tate and Richard E. Young challenge their sentences and seek remands for resentencing. Upon reviewing the requirements of Rule 51 of the Federal Rules of Criminal Procedure for preserving error and 18 U.S.C. § 3553(a) for sentencing defendants, and of 18 U.S.C. § 3553(f)(5) for eligibility for safety-valve sentencing, we affirm.

I.

Tate and Young were indicted on a single count of unlawful distribution...

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