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U.S. v. JACKSON

No. 09-1630.

635 F.3d 205 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert JACKSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Gary K. Springstead , Springstead Law Offices, P.C., Fremont, Michigan, for Appellant. Timothy P. VerHey , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Gary K. Springstead , Springstead Law Offices, P.C., Fremont, Michigan, for Appellant. Timothy P. VerHey , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: SILER, CLAY, and GIBBONS, Circuit Judges.

OPINION

SILER, Circuit Judge.

Robert Jackson pled guilty to bank robbery pursuant to a plea agreement. Before his proffer interview, the government promised, "No statements made or other information provided by your client during such proffer and discussion will be used directly against your client in any criminal case." Jackson's presentence report ("PSR"), however, later contained several of his proffer statements. These were initially used in calculating...

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