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U.S. v. WOODARD

No. 09-1802.

638 F.3d 506 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew WOODARD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Jacob H. Huebert , Columbus, Ohio, for Appellant. Nils R. Kessler , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Jacob H. Huebert , Columbus, Ohio, for Appellant. Mark V. Courtade , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: MARTIN, NORRIS, and COOK, Circuit Judges.

OPINION

COOK, Circuit Judge.

Matthew Woodard pleaded guilty to the manufacture of 1,000 or more marijuana plants, an offense that carries a mandatory minimum sentence of ten years' imprisonment. At sentencing, the district court calculated an offense level of 25 and a criminal history category of III. The district court departed upward two levels to a criminal history category of V—resulting in a guidelines range of 120-125 months. The court then...

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