U.S. v. HATCHER

No. 18-4092.

947 F.3d 383 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Andre D. HATCHER, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2020.


Attorney(s) appearing for the Case

ARGUED: Christopher M. Bruno , MCDERMOTT WILL & EMERY, LLP, Washington, D.C., for Appellant. James A. Ewing , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Christopher M. Bruno , Paul M. Schoenhard , Le Chen , MCDERMOTT WILL & EMERY, LLP, Washington, D.C., Christopher M. Bruno , TENSEGRITY LAW GROUP LLP, McLean, Virginia, for Appellant. Ranya Elzein , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court in which CLAY, J., joined. SUTTON, J. (pp. 396-99), delivered a separate dissenting opinion.


OPINION

Andre Hatcher, Jr. pleaded guilty to felon in possession of a firearm and escape, and the district court sentenced him to seventy-two months in prison, which was an upward variance of twenty-one months from the top of the Guidelines range. Hatcher now appeals this sentence on the grounds that...

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