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SYLVESTER v. U.S.

No. 15-1782.

868 F.3d 503 (2017)

James Roy SYLVESTER, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2017.

Attorney(s) appearing for the Case

ARGUED: Daniel J.T. Schuker , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant. Andrew Goetz , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee. ON BRIEF: Daniel J.T. Schuker , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant. Janet Parker , UNITED STATES ATTORNEY'S OFFICE, Bay City, Michigan, Mark Chasteen , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee.

DONALD, J., delivered the opinion of the court in which GILMAN, J., joined. MERRITT, J. (pg. 513), delivered a separate dissenting opinion.

OPINION

Petitioner James Roy Sylvester, Jr. was convicted by a federal jury of possession with intent to distribute five kilograms or more of cocaine, possession with intent to distribute five grams or more of cocaine base, possession of a firearm in furtherance of a drug-trafficking offense, felon...

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