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U.S. v. McINTOSH

No. 10-15894.

704 F.3d 894 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. James Leray McINTOSH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 7, 2013.

Attorney(s) appearing for the Case

Ramona Albin , Michael B. Billingsley , Gregory R. Dimler , Alice H. Martin , Joyce White Vance , Birmingham, AL, for Plaintiff-Appellee.

James Derek Drennan (Court-Appointed), Jaffe & Drennan, PC, Birmingham, AL, for Defendant-Appellant.

Before DUBINA, Chief Judge, and CARNES and GILMAN, Circuit Judges.

GILMAN, Circuit Judge:

James Leray McIntosh was sentenced to a term of 120 months of imprisonment, the mandatory-minimum sentence for his convictions on a drug-trafficking charge and a weapons charge. Due to a technical error in the original indictment and a more substantial mistake by the government in its handling of that error, no indictment was pending against McIntosh at the time of his sentencing. This has caused McIntosh to challenge the power of the district...

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