United States Sixth Circuit

Defendant's drug conviction is affirmed, however, his sentence is vacated where the district court plainly erred by increasing defendant's sentence pursuant to the federal sentencing guidelines in violation of the Sixth Amendment.

Appellate Information

• Decided 02/02/2005
• Published 02/02/2005

Judges

• Before:  MOORE and GIBBONS, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey D. Winchester, Jones Day, Columbus, Ohio, for Appellant.  Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Jeffrey D. Winchester, Jones Day, Columbus, Ohio, for Appellant.  Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.