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United States v. Lamont Fitch, 08-5457 (2009)

Court: Court of Appeals for the Sixth Circuit Number: 08-5457 Visitors: 14
Filed: Sep. 16, 2009
Latest Update: Mar. 02, 2020
Summary: NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 09a0640n.06 No. 08-5457 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED UNITED STATES OF AMERICA, ) Sep 16, 2009 LEONARD GREEN, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN LAMONT C. FITCH, ) DISTRICT OF KENTUCKY ) Defendant-Appellant. ) ) BEFORE: MARTIN, GUY, and McKEAGUE, Circuit Judges. PER CURIAM. Defendant-Appellant Lamont C. Fitch appeals his sentence of six months for
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                NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
                           File Name: 09a0640n.06

                                            No. 08-5457

                           UNITED STATES COURT OF APPEALS
                                FOR THE SIXTH CIRCUIT
                                                                                   FILED
UNITED STATES OF AMERICA,                                 )
                                                                                Sep 16, 2009
                                                                          LEONARD GREEN, Clerk
                                                          )
       Plaintiff-Appellee,                                )
                                                          )        ON APPEAL FROM THE
v.                                                        )        UNITED STATES DISTRICT
                                                          )        COURT FOR THE EASTERN
LAMONT C. FITCH,                                          )        DISTRICT OF KENTUCKY
                                                          )
       Defendant-Appellant.                               )
                                                          )



BEFORE:        MARTIN, GUY, and McKEAGUE, Circuit Judges.

       PER CURIAM. Defendant-Appellant Lamont C. Fitch appeals his sentence of six months

for assaulting a safety manager while an inmate at United States Penitentiary, Big Sandy, in Inez,

Kentucky. The district court’s decision, after considering the factors in 18 U.S.C. § 3553(a), to make

the six-month sentence run consecutive to Fitch’s ongoing unfulfilled sentence was not an abuse of

discretion. See United States v. Watford, 
468 F.3d 891
, 915-17 (6th Cir. 2006); United States v.

Gibson, 
896 F.2d 206
, 210 (6th Cir. 1990). The district court’s decision to impose a six-month

sentence, after considering the factors in 18 U.S.C. § 3553(a), was neither procedurally nor

substantively unreasonable. See United States v. Jones, 
445 F.3d 865
, 869 (6th Cir. 2006).

Therefore, we AFFIRM the district court’s decision.

Source:  CourtListener

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