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U.S. v. PRIESTER

No. 08-2391.

646 F.3d 950 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier PRIESTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Jonathan F. Feczko , Jones Day, Cleveland, Ohio, for Appellant. Timothy P. VerHey , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Jonathan F. Feczko , Jones Day, Cleveland, Ohio, David E. Mills , The Mills Law Office LLC, Cleveland, Ohio, for Appellant. Timothy P. VerHey , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, J. (pp. 953-54), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

In some cases we hold the district court to a standard we would dislike imposing on ourselves. This is such a case. Xavier Priester pled guilty to conspiring to distribute crack cocaine, powder cocaine, and marijuana. The district court sentenced him to a within-Guidelines 180 months' imprisonment. The court's explanation as to why it chose that sentence was exemplary—with one exception. The exception is what Priester...

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