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U.S. v. HAVIS

No. 17-5772.

927 F.3d 382 (2019)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 6, 2019.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC AND REPLY: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. ON RESPONSE IN OPPOSITION: Luke A. McLaurin , William A. Roach, Jr. , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Caleb Kruckenberg , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., for Amicus Curiae.

BEFORE: COLE, Chief Judge; DAUGHTREY, MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER and MURPHY, Circuit Judges.

OPINION

Although it is neither a legislature nor a court, the United States Sentencing Commission plays a major role in criminal sentencing. But Congress has placed careful limits on the way the Commission exercises that power. Jeffery Havis argues that the Commission stepped beyond those limits here and, as a result, he deserves...

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