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U.S. v. JACKSON

No. 12-4220.

751 F.3d 707 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Michael D. JACKSON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2014.

Rehearing En Banc Denied June 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Glassman , United States Attorney's Office, Cincinnati, Ohio, for Appellant. Dennis Belli , Columbus, Ohio, for Appellee. ON BRIEF: Benjamin C. Glassman , United States Attorney's Office, Cincinnati, Ohio, for Appellant. Dennis Belli , Columbus, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court, in which MERRITT and CLAY, JJ., joined. MERRITT, J. (pg. 712), delivered a separate concurring opinion.

OPINION

BOGGS, Circuit Judge.

Michael Jackson pleaded guilty to possessing, with the intent to distribute, more than five grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). A majority of this panel previously determined that Jackson was eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) because of the United States Sentencing Commission's changes to the crack-cocaine guidelines. See United States v. Jackson (Jackson...

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