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U.S. v. FOREMAN

No. 19-1827.

958 F.3d 506 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Preston FOREMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 7, 2020.

Attorney(s) appearing for the Case

ARGUED: Elizabeth A. LaCosse , FEDERAL PUBLIC DEFENDER, Marquette, Michigan, for Appellant. Nils R. Kessler , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Elizabeth A. LaCosse , FEDERAL PUBLIC DEFENDER, Marquette, Michigan, for Appellant. Nils R. Kessler , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

Before: GIBBONS, McKEAGUE, and WHITE Circuit Judges.

OPINION

Benjamin Foreman appeals the district court's order granting his motion for a sentence reduction pursuant to the First Step Act of 2018 ("First Step Act"). He raises two arguments on appeal. First, he argues that the First Step Act requires district courts to conduct a plenary resentencing of...

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