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U.S. v. JOINER

No. 12-4508.

727 F.3d 601 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Damon JOINER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Matthew B. Kall , United States Attorney's Office, Cleveland, Ohio, for Appellee. ON BRIEF: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Matthew B. Kall , United States Attorney's Office, Cleveland, Ohio, for Appellee.

Before: BOGGS and McKEAGUE, Circuit Judges; and BECKWITH, Senior District Judge.

OPINION

BOGGS, Circuit Judge.

In 2007, defendant-appellant Damon Joiner pled guilty to distribution and possession, with intent to distribute, of 129.77 grams of cocaine base (crack cocaine), in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and (b)(1)(B). Although Joiner was subject to a 240-month statutory minimum penalty, the government moved for a downward departure based on substantial assistance, and Joiner was sentenced to 107 months of...

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