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UNITED STATES v. McCALL

No. 21-3400.

20 F.4th 1108 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. David E. MCCALL, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 17, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Vanessa Malone , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellant. Matthew B. Kall , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

MOORE, Circuit Judge, delivered the opinion of the court in which DONALD, Circuit Judge, joined. KETHLEDGE, Circuit Judge (p. 1116), delivered a separate dissenting opinion.

OPINION

David McCall, who pleaded guilty to a conspiracy charge involving heroin possession and distribution in 2015, moved for compassionate release. He cited three "extraordinary and compelling circumstances" warranting his release: the COVID-19 pandemic, his rehabilitation efforts, and the fact that...

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