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U.S. v. McCLAIN

No. 10-3862.

691 F.3d 774 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Vedo McCLAIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2012.

Attorney(s) appearing for the Case

ARGUED: Melissa M. Salinas , Office of the Federal Public Defender, Toledo, Ohio, for Appellant. Chelsea S. Rice , United States Attorney's Office, Cleveland, Ohio, for Appellee. ON BRIEF: Melissa M. Salinas , Donna M. Grill , Office of the Federal Public Defender, Toledo, Ohio, for Appellant. Chelsea S. Rice , Edward F. Feran , United States Attorney's Office, Cleveland, Ohio, for Appellee.

MAYS, D.J., delivered the opinion of the court in which MOORE, J., joined. MERRITT, J. (pp. 780-82), delivered a separate dissenting opinion.

OPINION

MAYS, District Judge.

Defendant-Appellant Vedo McClain ("McClain") has moved for a reduction of his sentence under 18 U.S.C. § 3582(c)(2). The district court concluded that McClain was ineligible for relief and denied his motion. For the following reasons, we AFFIRM.

I.

On three separate occasions in February and May 2006, a cooperating source under the supervision of the Cleveland Police Department purchased cocaine base ...

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