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U.S. v. MORGAN

No. 09-5828.

687 F.3d 688 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin R. MORGAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2012.

Attorney(s) appearing for the Case

ARGUED: Loren L. AliKhan , O'Melveny & Myers LLP, Washington, D.C., for Appellant. Erin M. Roth , United States Attorney's Office, Lexington, Kentucky, for Appellee. ON BRIEF: Loren L. AliKhan , O'Melveny & Myers LLP, Washington, D.C., for Appellant. Erin M. Roth , Charles P. Wisdom, Jr. , United States Attorney's Office, Lexington, Kentucky, for Appellee.

Before: MARTIN, GILMAN, and WHITE, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Calvin R. Morgan pleaded guilty to four charges arising out of his possession of marijuana and the discharge of a firearm during the execution of a search warrant at his apartment. He was sentenced to a total of 201 months' imprisonment.

Morgan contends on appeal that the district court erred in enhancing his sentence due to an improper cross-reference under the...

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