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U.S. v. STOCK

No. 10-5348.

685 F.3d 621 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey STOCK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 11, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Clifton L. Corker , Johnson City, Tennessee, for Appellant. Helen C.T. Smith , United States Attorney's Office, Greenville, Tennessee, for Appellee.

GWIN, D.J., delivered the opinion of the court, in which STRANCH, J., joined. KETHLEDGE, J. (pp. 630-31), delivered a separate opinion concurring in part and dissenting in part.

OPINION

GWIN, District Judge.

After failing to persuade the district court that the Sex Offender Registration and Notification Act violates the federal Constitution, Jeffrey Stock pleaded guilty to one count of failing to register as a sex offender. At sentencing, the district court set Stock's Guidelines base offense level at sixteen, presuming that Stock had been required to register as a "Tier III offender." See United States Sentencing Guidelines...

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