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United States Sixth Circuit


US v. Smith, 05-4425

A 57-month sentence for firearm-related offenses is affirmed over defendant's claim that the sentence was unreasonable because the district judge, in calculating the sentence: 1) engaged in impermissible fact-finding; and 2) failed to follow the methodology set forth in U.S.S.G section 4A1.3, which resulted in a sentence that was greater than was necessary to comply with the factors set forth in 18 U.S.C. section 3553(a).

Appellate Information

  • Decided 01/26/2007
  • Published 01/26/2007

Judges

  • Before KENNEDY and GIBBONS, Circuit Judges;  ALDRICH, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Keith A. Yeazel, Columbus, Ohio, for Appellant.   Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Keith A. Yeazel, Columbus, Ohio, for Appellant.   Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.
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