United States Sixth Circuit

Where it was unclear whether the sentencing court knew it had the discretion to make a downward departure from sentencing guidelines if it determined the defendant-s career offender classification over-represented the seriousness of his criminal history, remand to the sentencing court was proper.

Appellate Information

• Argued 11/14/2001
• Decided 01/25/2002
• Published 01/25/2002

Judges

• Before:  KEITH and COLE, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Nikki C. Pierce (argued and briefed), Federal Defender Services, Greeneville, TN, for Appellant.


• For Appellees:
  
• Perry H. Piper, Assistant United States Attorney (argued and briefed), Chattanooga, TN, for Appellee.