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U.S. v. WOODS

No. 11-2429.

711 F.3d 737 (2013)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Jermaine Byron WOODS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Anne Y. Lee , Covington & Burling LLP, Washington, D.C., for Appellant. Mark A. Totten , United States Attorney's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Anne Y. Lee , Elliott Schulder , Mark D. Taticchi , Covington & Burling LLP, Washington, D.C., for Appellant. Mark A. Totten , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

GILMAN, J., delivered the opinion of the court, in which McKEAGUE, J., joined. CLAY, J. (pp. 744-45), delivered a separate concurring opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Jermaine Byron Woods entered a conditional guilty plea to the charges of possessing crack cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii), and of possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). He was sentenced to 108 months in prison.

Woods contends on appeal that his initial incriminating...

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