United States Sixth Circuit

Regarding an upward sentence departure based on defendant's criminal history category assignment not adequately reflecting his past conduct, court remanded to district court for its independent consideration of whether the departure was appropriate in this case.

Appellate Information

• Decided 06/10/2004
• Published 06/10/2004

Judges

• Before NELSON, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Stephen B. Shankman (argued and briefed), April R. Goode (briefed), Office of The Federal Public Defender for The Western District of Tennessee, Memphis, TN, for Appellant.


• For Appellees:
  
• David N. Pritchard (argued), Assistant United States Attorney, John T. Tibbetts (briefed), Memphis, TN, for Appellee.