PEOPLE OF MI V EDWARD COON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 7, 2000 Plaintiff-Appellee, v No. 214356 Wayne Circuit Court LC No. 98-002562 EDWARD COON, Defendant-Appellant. Before: Jansen, P.J., and Hood and Saad, JJ. MEMORANDUM. Defendant appeals as of right from his conviction by a jury of possession with intent to deliver less than 50 grams of heroin, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv), for which he was sentenced to serve four to twenty years in prison. We affirm. Defendant argues on appeal that his four-year minimum sentence is disproportionate. We disagree. The sentence was within the sentencing guidelines’ range of one to five years and, therefore, was presumptively proportionate. People v Poppa, 193 Mich App 184, 189; 483 NW2d 667 (1992). The sentencing court adequately considered the background of the offender and the circumstances surrounding the offense. We find no abuse of sentencing discretion. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). Affirmed. /s/ Kathleen Jansen /s/ Harold Hood /s/ Henry William Saad -1­

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