No. 22-3889.

91 F.4th 1228 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip CABBAGE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2024.

Attorney(s) appearing for the Case

ARGUED: Manuel Valle , SIDLEY AUSTIN LLP, Washington, D.C., for Appellant. Adam Joines , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Manuel Valle , Cody L. Reaves , Rebecca C. Brooks , SIDLEY AUSTIN LLP, Washington, D.C., for Appellant. Alissa M. Sterling , UNITED STATES ATTORNEY'S OFFICE, Toledo, Ohio, for Appellee.

THAPAR, J., delivered the opinion of the court in which GIBBONS and WHITE, JJ., joined. WHITE, J. (pg. 1232), delivered a separate concurring opinion.


Phillip Cabbage pled guilty to conspiring to distribute drugs. At sentencing, he and the government agreed a supervisor enhancement applied. Reversing course, Cabbage now objects to the enhancement. But because he invited the error, we affirm.


While on supervised release for a previous...

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