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Legal Opinion

United States v. Marcus Fleming

Court of Appeals for the Sixth Circuit

Decided June 29, 2018No. 17-3954PublishedCited by 6 opinions

1Opinion of the Court

ROGERS, Circuit Judge.

Marcus Fleming was convicted of a cocaine offense, and the United States Sentencing Guidelines provided for a recommended sentence of 60 months' imprisonment. At his sentencing hearing, the district court doubled that. It did so based in large part on a brief local news article that described a recent surge in drug overdose deaths, mostly due to powerful opioids like fentanyl. Neither this article, nor the underlying Ohio state report on which it was based, was provided to the parties before the start of the sentencing hearing. Nor was Fleming notified before the hearing…

2Cases cited13 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Burns v. United StatesSupreme Court of the United States · 1991
  3. United States v. VonnerCourt of Appeals for the Sixth Circuit · 2008
  4. Irizarry v. United StatesSupreme Court of the United States · 2008
  5. United States v. Henry A. BosticCourt of Appeals for the Sixth Circuit · 2004

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3Cited by6 opinions

  1. United States v. Alan WilliamsCourt of Appeals for the Fourth Circuit · 2021
  2. United States v. Tre TateCourt of Appeals for the Sixth Circuit · 2021
  3. United States v. Andre Hatcher, Jr.Court of Appeals for the Sixth Circuit · 2020
  4. United States v. Jason ZabelCourt of Appeals for the Sixth Circuit · 2022
  5. United States v. Andre Hatcher, Jr.Court of Appeals for the Sixth Circuit · 2020

1 more not listed; retrieve them via the Exa API.

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