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U.S. v. GARTH

No. 19-5658.

965 F.3d 493 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Willie GARTH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2020.

Attorney(s) appearing for the Case

ARGUED: Erin P. Rust , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. Daniel J. Richardson , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Erin P. Rust , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Chattanooga, Tennessee, for Appellant. Debra A. Breneman , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, Christopher D. Poole , UNITED STATES ATTORNEY'S OFFICE, Chattanooga, Tennessee, for Appellee.

McKEAGUE, J., delivered the opinion of the court in which KETHLEDGE, J., joined. COLE, C.J. (pp. 498-99), delivered a separate opinion concurring in part and in the judgment.

OPINION

Under the United States Sentencing Guidelines, a defendant's sentence in federal court can be enhanced by his prior conviction in state court. An earlier state drug crime, for instance, will often boost prison time for a federal one. But not always. The guidelines have just one definition of drug crimes...

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