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U.S. v. COLLINGTON

No. 05-4054.

461 F.3d 805 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Samuel F. COLLINGTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert J. Becker, Assistant United States Attorney, Akron, Ohio, for Appellant. Douglas G. Smith, Kirkland & Ellis, Chicago, Illinois, for Appellee.

ON BRIEF: Robert J. Becker, Assistant United States Attorney, Akron, Ohio, for Appellant. Douglas G. Smith, Kirkland & Ellis, Chicago, Illinois, for Appellee.

Before: MARTIN and GILMAN, Circuit Judges; SARGUS, District Judge.

MARTIN, J., delivered the opinion of the court, in which SARGUS, D. J., joined.

GILMAN, J. (pp. 811-817), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Samuel Collington pled guilty to possession with intent to distribute more than fifty grams of crack cocaine, 21 U.S.C. § 841(a)(1), felon in possession of a firearm, 18 U.S.C. § 922(g), and possession of a machine gun, 18 U.S.C. § 922...

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