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U.S. v. McFALLS

No. 10-6238.

675 F.3d 599 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Robby Lee McFALLS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Andrew C. Brandon , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Braden H. Boucek , Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Andrew C. Brandon , C. Douglas Thoresen , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Matthew J. Everitt , Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: MERRITT and ROGERS, Circuit Judges; POLSTER, District Judge.

OPINION

DAN AARON POLSTER, District Judge.

This is the second time this case is before this Court. Defendant Robert McFalls previously appealed the district court's determination that he was a career offender under United States Sentencing Guidelines § 4B1.1. He was successful in that appeal; upon remand, however, he was given a sentence that likely increased his period of incarceration by as much as six years. He now appeals the new sentence. We affirm...

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