United States v. Phinazee
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMcKEAGUE, J., joined by Rogers, J.,
MERRITT, J. (pp. 521-28), delivered a separate dissenting opinion.
OPINION
McKEAGUE, Circuit Judge.
Defendant-appellant Rafael Phinazee was convicted by a jury of conspiracy to distribute crack and powder cocaine. The presentence report (“PSR”) calculated his total offense level at 38 and placed him in a criminal category of VI, which resulted in a Sentencing Guidelines range of 360 months’ imprisonment to life.1 The district court initially sentenced Phinazee to 360 months’ imprisonment. After his appeal to this court and a subsequent remand in light of United States v. Booker, 543 U.S. 220,…
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