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U.S. v. JACKSON

No. 10-3923.

678 F.3d 442 (2012)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2012.

Attorney(s) appearing for the Case

ARGUED: Dennis C. Belli , Columbus, Ohio, for Appellant. Laura M. Denton , Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: Dennis C. Belli , Columbus, Ohio, for Appellant. Laura M. Denton , Assistant United States Attorney, Columbus, Ohio, for Appellee.

MERRITT, J., delivered the opinion of the court, in which CLAY, J., joined. BOGGS, J. (pp. 446-51), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

This is a direct appeal from conviction after a guilty plea entered by defendant Michael Jackson to one count of intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The presentencing report provided a sentencing range of 188-235 months due to Jackson's status as a career offender. The district court agreed to delay...

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