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U.S. v. JOHNSON

No. 12-1277.

706 F.3d 728 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Lee JOHNSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2013.

Attorney(s) appearing for the Case

ARGUED: Ray Kent , Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Jennifer L. McManus , United States Attorney's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Ray Kent , Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. John C. Bruha , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

Before: MARTIN and BOGGS, Circuit Judges; and COLLIER, District Judge.

OPINION

COLLIER, District Judge.

Appellant Walter Lee Johnson appeals his sentence pursuant to § 2D1.1(a)(1) of the United States Sentencing Guidelines ("USSG") for distributing a controlled substance that resulted in death because he argues his prior conviction for delivery of heroin was not a "similar offense." We disagree, and AFFIRM the district court's judgment.

I

Johnson was a heroin dealer in Kalamazoo, Michigan...

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