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U.S. v. HENRY

No. 19-2445.

983 F.3d 214 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Jerome HENRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2020.

Attorney(s) appearing for the Case

ARGUED: Dennis J. Clark , CLARK LAW FIRM PLLC, Detroit, Michigan, for Appellant. Kevin M. Mulcahy , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee. ON BRIEF: Dennis J. Clark , CLARK LAW FIRM PLLC, Detroit, Michigan, for Appellant. Kevin M. Mulcahy , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court in which MERRITT, J., joined. GIBBONS, J. (pp. 228-38), delivered a separate dissenting opinion.

OPINION

This is Defendant Michael Jerome Henry's third time before the court. On this occasion, Henry appeals the district court's order finding that First Step Act § 403 did not apply to his resentencing. For the reasons set forth in this opinion, we

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