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U.S. v. SMITH

No. 13-1401.

721 F.3d 904 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Hakeem L. SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 2013.

Attorney(s) appearing for the Case

Stephanie N. Richter , Attorney (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Thomas C. Gabel , Attorney (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before MANION, SYKES, and TINDER, Circuit Judges.

PER CURIAM.

Hakeem Smith pleaded guilty to distributing, and possessing with intent to distribute, crack cocaine. See 21 U.S.C. § 841(a)(1). The district court sentenced Smith as a career offender, see U.S.S.G. § 4B1.1, to 151 months' imprisonment, the bottom of the guidelines range. On appeal Smith offers two reasons that he has rebutted the presumption that his within-guidelines sentence is reasonable: First, the Sentencing Commission did...

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