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U.S. v. WEBB

Nos. 13-5697, 13-5700.

760 F.3d 513 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Joe Edward WEBB, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Harold B. McDonough, Jr. , United States Attorney's Office, Nashville, Tennessee, for Appellant. Michael C. Holley , Federal Public Defender's Office, Nashville, Tennessee, for Appellee. ON BRIEF: Harold B. McDonough, Jr. , United States Attorney's Office, Nashville, Tennessee, for Appellant. Michael C. Holley , Federal Public Defender's Office, Nashville, Tennessee, for Appellee.

DONALD, J. (pp. 13-16), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Defendant Joe Edward Webb pleaded guilty to drug offenses in two different cases. Based on his status as a career offender and a belief that the career offender guideline range was excessive and improper in this case, the district court sentenced Defendant to the pre-Fair Sentencing Act ("FSA"), Pub.L. No. 111-220, 124 Stat. 2372 (2010), crack cocaine mandatory minimum sentence of 240 months imprisonment. Defendant later filed...

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