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Article • July 16, 2018 • from P&J July, 2018
U.S. v. Fleming, No. 17-3954 (6th Cir.) (894 F.3d 764) (June 29, 2018) (Judge John M. Rogers) by Here the Court held that it was both procedural error and plain error for the judge to "surprise" the defendant and impose a huge upward variance based on a brief news article …