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U.S. v. TAYLOR

No. 12-3730.

749 F.3d 541 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Bryon TAYLOR, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 18, 2014.

Attorney(s) appearing for the Case

ARGUED: Jeffrey B. Lazarus , Office of the Federal Public Defender, Cleveland, OH, for Appellant. Ian D. Hoffman , United States Attorney's Office, Cleveland, OH, for Appellee. ON BRIEF: Jeffrey B. Lazarus , Office of the Federal Public Defender, Cleveland, OH, for Appellant. Ian D. Hoffman , United States Attorney's Office, Cleveland, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court, in which STAMP, D.J., joined. DONALD, J. (pp. 9-19), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

In 2004, defendant-appellant Bryon Taylor pled guilty to conspiracy to distribute and to possess, with intent to distribute, 392.2 grams of cocaine base (crack cocaine), in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Although Taylor was subject to a 240-month statutory minimum penalty, the government moved for a downward departure based on substantial assistance, and Taylor was sentenced to 151 months...

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