United States v. Jermaine Kimbrough

── United States v. Jermaine Kimbrough ── Court: Court of Appeals for the Sixth Circuit Date: April 20, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0164n.06 No. 25-5933 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED April 13, 2026 UNITED STATES OF AMERICA, ) KELLY L. STEPHENS, Clerk ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE WESTERN ) DISTRICT OF TENNESSEE JERMAINE KIMBROUGH, ) ) REDACTED OPINION* Defendant-Appellant. ) ) ) BEFORE: WHITE, KETHLEDGE, and LARSEN, Circuit Judges. HELENE N. WHITE, Circuit Judge. Defendant–appellant Jermaine Kimbrough was originally sentenced to a total of 232 months’ imprisonment, distributed across four convictions arising from a carjacking incident. On remand after a successful appeal, the district court resentenced Kimbrough to a total of 225 months’ imprisonment but imposed a higher sentence on one of the counts than it had at the initial sentencing. Kimbrough argues that both the government’s request for and the district court’s imposition of that higher sentence violated Kimbrough’s due process rights, each evincing an appearance of vindictiveness. Because Kimbrough has failed to show that the government’s position was unreasonable and because his new sentence was not longer than his original, we AFFIRM. * On April 13, 2026, the court filed an opinion and judgment under seal in this case. On April 20, 2026, the court issued a redacted version of the opinion. The date that the opinion and judgment are deemed to have been filed remains April 13, 2026. No. 25-5933, United States v. Kimbrough—REDACTED I. BACKGROUND In early July 2021, Kimbrough (and a co-defendant) violently carjacked an off-duty police officer, taking with them the officer’s ballistic vest and other equipment. “Dressed in police gear,” Kimbrough then approached three more vehicles and robbed their occupants. R. 102, PID 388– 89. Some hours later, officers attempted to stop Kimbrough’s car, but he “led [them] on a high- speed chase,” “making several dangerous maneuvers” and ultimately evading arrest. Id. at 390. Officers eventually located Kimbrough a few days later and apprehended him after he again attempted to flee. Based on those events, a grand jury indicted Kimbrough on four counts: (I) Conspiracy to commit carjacking. 18 U.S.C. §§ 371, 2119(1). (II) Carjacking. 18 U.S.C. § 2119(1). (III) Using a firearm in relation to a crime of violence, aiding and abetting. 18 U.S.C. §§ 924(c), 2119(1). (IV) Illegal possession of a firearm. 18 U.S.C. § 922(g)(1). Kimbrough pleaded guilty to all counts. Initial Sentencing The United States Probation Office prepared a PSR. It outlined the statutory range for each count: Count I allowed a 60-month maximum sentence; count II allowed a 180-month maximum sente