No. 12-5240.

735 F.3d 445 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Troy Lee WOODRUFF, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 29, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Richard A. Cline , Richard Cline & Co., LLC, Columbus, OH, for Appellant. James Powell , United States Attorney's Office, Jackson, TN, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which KETHLEDGE, J., joined, and STRANCH, J., joined in part. STRANCH, J. (pp. 9-10), delivered a separate opinion concurring in part and dissenting in part.



Defendant-appellant Troy Woodruff pled guilty to being a felon in possession of a firearm and was sentenced to 120 months' imprisonment. On appeal, Woodruff claims that the district court improperly concluded that his conviction for facilitation of the sale of cocaine in Tennessee was a "controlled-substance offense" and therefore applied the incorrect base offense level. He also argues that his trial counsel...

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