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UNITED STATES v. CLARK

No. 21-6038.

46 F.4th 404 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. James CLARK, III, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2022.

Attorney(s) appearing for the Case

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

COOK, J., delivered the opinion of the court in which GIBBONS and THAPAR, JJ., joined. THAPAR, J. (pg. 16), delivered a separate concurring opinion.

OPINION

Defendant James Clark, III pled guilty to a drug crime in federal court. He received an enhanced sentence because he was designated a career offender under the Sentencing Guidelines based on prior marijuana convictions. Section 4B1.1 of the Guidelines states that a defendant is a career offender if, among other...

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