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U.S. v. HARDY

No. 08-5991.

643 F.3d 143 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. DeMarcus HARDY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2011.

Attorney(s) appearing for the Case

ARGUED: Mark Wettle , Louisville, Kentucky, for Appellant. Zachary C. Bolitho , Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Mark Wettle , Louisville, Kentucky, for Appellant. Zachary C. Bolitho , Assistant United States Attorney, Knoxville, Tennessee, Steven S. Neff , Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

SUHRHEINRICH, J., delivered the opinion of the court, in which COOK, J., joined. COLE, J. (pp. 159-62), delivered a separate dissenting opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant DeMarcus Hardy appeals his conviction and sentence for drugs and firearms convictions following a jury trial. Specifically, he challenges the admission of prior, uncharged drug activity as a violation of Fed.R.Evid. 404(b), as well as the district court's decision to grant an upward departure at sentencing. We AFFIRM.

I. Background

A. Pretrial Proceedings

In December...

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