USA v. Lynce Foster


OPINION and JUDGMENT filed : We vacate only Foster s sentences on Count 4 (a concurrent 120-month sentence for possessing cocaine with intent to distribute), and Count 5 (a consecutive 25-year sentence for possessing a firearm infurtherance of a drug trafficking crime). The case is remanded to the district court for proceedings in accordance with this opinion. Decision for publication. John M. Rogers (AUTHORING) and Raymond M. Kethledge, Circuit Judges; Paul Lewis Maloney, Chief United States District Judge for the Western District of Michigan, sitting by designation.

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Case: 11-6414 Document: 112-1 Filed: 08/28/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: August 28, 2014 Mr. Frederick Liu Hogan Lovells 555 Thirteenth Street, N.W. Washington, DC 20004 Mr. Luke A. McLaurin U.S. Attorney's Office 800 Market Street, Suite 211 Knoxville, TN 37902 Mr. Robert M. Reeves U.S. Attorney's Office 220 W. Depot Street, Suite 423 Greeneville, TN 37743 Re: Case No. 11-6414, USA v. Lynce Foster Originating Case No. : 2:09-cr-5-1 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Debra Poplin Enclosures Mandate to issue.

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