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U.S. v. FOSTER

No. 11-6414.

765 F.3d 610 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Lynce P. FOSTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Frederick Liu , Hogan Lovells U.S. LLP, Washington, D.C., for Appellant. Luke A. McLaurin , United States Attorney's Office, Knoxville, Tennessee, for Appellee. ON BRIEF: Frederick Liu , Hogan Lovells U.S. LLP, Washington, D.C., Renée Paradis , San Francisco, California, for Appellant. Luke A. McLaurin , Robert M. Reeves , United States Attorney's Office, Knoxville, Tennessee, for Appellee.

Before: ROGERS and KETHLEDGE, Circuit Judges; MALONEY, District Judge.

OPINION

ROGERS, Circuit Judge.

Lynce Foster was sentenced to 622 months' imprisonment for two counts of drug possession, two counts of firearm possession, one count of drug distribution, and one count of conspiracy. Both parties now agree that Foster's conviction and sentence for one of the drug possession counts and one of the firearm possession counts violate the Double Jeopardy Clause because those two counts duplicate other counts for which Foster was...

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