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U.S. v. HAVIS

No. 17-5772.

907 F.3d 439 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffery HAVIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 22, 2018.

Attorney(s) appearing for the Case

ARGUED: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. William Allen Roach, Jr. , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. William Allen Roach, Jr. , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

THAPAR, J., delivered the opinion of the court in which STRANCH J., joined. STRANCH, J. (pp. 447-50), delivered a separate concurring opinion. THAPAR, J. (pp. 450-52), delivered a separate concurring opinion. DAUGHTREY, J. (pp. 452-53), delivered a separate dissenting opinion.

OPINION

What we do is sometimes less important than how we do it. The United States Sentencing Commission has the power to promulgate the Sentencing Guidelines. But Congress has limited how it may exercise that power. Those limits are important—not only because Congress thinks so, but because they define the...

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