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U.S. v. PRIESTER

No. 08-2391.

646 F.3d 950 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier PRIESTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Jonathan F. Feczko, Jones Day, Cleveland, Ohio, for Appellant. Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Jonathan F. Feczko, Jones Day, Cleveland, Ohio, David E. Mills, The Mills Law Office LLC, Cleveland, Ohio, for Appellant. Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, J. (pp. 953-54), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

In some cases we hold the district court to a standard we would dislike imposing on ourselves. This is such a case. Xavier Priester pled guilty to conspiring to distribute crack cocaine, powder cocaine, and marijuana. The district court sentenced him to a within-Guidelines 180 months' imprisonment. The court's explanation as to why it chose that sentence was exemplary—with one exception. The exception is what Priester...

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