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UNITED STATES v. MILLER

No. 21-5598.

34 F.4th 500 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel Frank MILLER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2022.

Attorney(s) appearing for the Case

ARGUED: Kevin G. Ritz , UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellant. M. Dianne Smothers , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Memphis, Tennessee, for Appellee. ON BRIEF: Kevin G. Ritz , William Joshua Morrow , UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellant. M. Dianne Smothers , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Memphis, Tennessee, for Appellee.

COLE, J., delivered the opinion of the court in which NALBANDIAN, J., joined. MOORE, J. (pgs. 506-07), delivered a separate dissenting opinion.

OPINION

Daniel Miller pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At sentencing, the government objected to United States Probation and Pretrial Services' recommended offense level, arguing Miller's prior convictions for Tennessee drug delivery were "controlled...

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