United States Sixth Circuit

Defendant's drug conviction is affirmed, however, his sentence is vacated where, pursuant to Booker v. Washington, 124 S.Ct. 2531 (2004), it was improperly based on facts not admitted by him nor proven to a jury beyond a reasonable doubt.

Appellate Information

• Decided 02/10/2005
• Published 02/10/2005

Judges

• Before:  KEITH and CLAY, Circuit Judges;  O'MEARA, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  M. Dianne Smothers, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, Robert C. Brooks, Memphis, Tennessee, for Appellants.  James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee.