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UNITED STATES v. PRESLEY

No. 20-5213.

18 F.4th 899 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan PRESLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 23, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Clare E. Freeman , SCOTT GRAHAM, PLLC, Portage, Michigan, for Appellant. Kevin G. Ritz , UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellee.

LARSEN, Circuit Judge, delivered the opinion of the court in which BOGGS, Circuit Judge, joined. MOORE, Circuit Judge (pp. 906-09), delivered a separate opinion concurring only in the judgment.

OPINION

Bryan Presley pleaded guilty to participating in a conspiracy to burglarize pharmacies and to a related assault of a police officer. Though Presley's plea agreement contained an appellate waiver, he now challenges his sentence. The government moved to dismiss. For...

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