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U.S. v. EVANS

No. 11-3460.

699 F.3d 858 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Sathon EVANS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 15, 2012.

Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Christopher K. Barnes , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Christopher K. Barnes , Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: GIBBONS and SUTTON, Circuit Judges, and DUGGAN, District Judge.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-appellant Sathon Evans pled guilty to being a felon in possession of a firearm and was sentenced to 92 months' imprisonment. When calculating his base offense level under the United States Sentencing Guidelines, the district court determined that Evans's 2004 Ohio conviction for trafficking in cocaine was a controlled substance offense and that his 2000...

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