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U.S. v. USHERY

No. 14-5046.

785 F.3d 210 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel L. USHERY, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 6, 2015.

Attorney(s) appearing for the Case

ARGUED: Christopher F. Cowan , Columbus, Ohio, for Appellant. Daniel Steven Goodman , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Christopher F. Cowan , Columbus, Ohio, for Appellant. Daniel Steven Goodman , United States Department of Justice, Washington, D.C., Anthony J. Bracke , United States Attorney's Office, Ft. Mitchell, Kentucky, for Appellee.

GILMAN, J., delivered the opinion of the court in which SUTTON, J., joined. CLAY, J. (pp. 225-30), delivered a separate dissenting opinion.

OPINION

During an August 14, 2013 rearraignment, Daniel L. Ushery, Jr. pleaded guilty to the distribution of crack cocaine. He was not prepared to plead guilty when the rearraignment first began. Instead of adjourning the rearraignment, however, the district court oversaw a back-and-forth negotiation between...

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