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U.S. v. McCLOUD

No. 12-3810.

730 F.3d 600 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Steven McCLOUD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 17, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Kevin M. Schad , Office of the Federal Public Defender, Cincinnati, Ohio, for Appellant. Benjamin C. Glassman , United States Attorney's Office, Cincinnati, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which KETHLEDGE, J., joined, and BORMAN, D.J., joined in part. KETHLEDGE, J. (pg. 9), delivered a separate concurring opinion. BORMAN, D.J. (pp. 10-28), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ROGERS, Circuit Judge.

Steven McCloud challenges his 140-month sentence, claiming among other things that the district court considered the wrong statutory range. McCloud pled guilty to distributing 19.4 grams of crack cocaine, was released on bond, and subsequently failed to appear for sentencing. After evading law enforcement for over three years, McCloud was captured and sentenced to 140 months of imprisonment and four years of supervised release...

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