No. 23-3466.

99 F.4th 852 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Tyren L. CERVENAK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 26, 2024.

Attorney(s) appearing for the Case

ON BRIEF: Catherine Adinaro Shusky , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. Jason Manion , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

McKEAGUE, J., delivered the opinion of the court in which THAPAR, J., joined. THAPAR, J. (pp. 863-68), delivered a separate concurring opinion. GILMAN, J. (pp. 868-82), delivered a separate dissenting opinion.


Tyren Cervenak challenges his 188-month sentence. Specifically, he challenges the district court's application of a career-offender enhancement that increased the advisory sentencing guidelines range for his convictions. Cervenak argues that the district court erred by determining one of his prior state...

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