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U.S. v. CLEMONS

No. 03-1470.

349 F.3d 1007 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Damon CLEMONS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 2003.

Attorney(s) appearing for the Case

Andrew B. Baker (argued), Susan L. Collins, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

H. Jay Stevens (argued), Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.

Before BAUER, KANNE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Two issues are presented in this appeal challenging the sentence Damon Clemons received earlier this year after pleading guilty to an indictment charging him with possessing crack cocaine with intent to distribute. Although Clemons loses on one of his issues, he wins on the other, and so we return the case to the district court for resentencing.

Clemons was arrested, after a traffic stop, in May 2001. In the car and on his...

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