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United States Court of Appeals, Sixth Circuit.

UNITED STATES of America, Plaintiff-Appellant, v. Kevin GERDING, Defendant-Appellee.

No. 18-5227

Decided: September 05, 2019

Before: MERRITT, DAUGHTREY, and GRIFFIN, Circuit Judges. Luke A. McLaurin, Office of the U.S. Attorney, Knoxville, TN, for Plaintiff-Appellant Robert R. Kurtz, Stanley & Kurtz, Knoxville, TN, for Defendant-Appellee


The United States filed this appeal challenging defendant Kevin Gerding's sentence. In light of United States v. Stitt, ––– U.S. ––––, 139 S. Ct. 399, 202 L.Ed.2d 364 (2018), and United States v. Quarles, ––– U.S. ––––, 139 S. Ct. 1872, 204 L.Ed.2d 200 (2019), as well as intervening cases from our court, we vacate defendant's sentence and remand this case to the district court for resentencing. Defendant's motion for a continuance of oral argument is denied as moot.

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