No. 22-1961.

83 F.4th 1039 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Dominique TERRY, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 13, 2023.

Attorney(s) appearing for the Case

ARGUED: Joshua A. Blanchard , BLANCHARD LAW, Greenville, Michigan, for Appellant. Lauren F. Biksacky , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Joshua A. Blanchard , BLANCHARD LAW, Greenville, Michigan, for Appellant. Theodore J. Greeley , UNITED STATES ATTORNEY'S OFFICE, Marquette, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court in which GRIFFIN, J., joined. MOORE, J. (pp. 1045-48), delivered a separate dissenting opinion.


Defendant Michael Terry pleaded guilty to four counts of distributing a mixture containing fentanyl and was sentenced to fifty-seven months of imprisonment. In this appeal, he challenges only the district court's imposition of the U.S. Sentencing Guidelines' "drug house" two-point enhancement for maintaining...

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