United States Sixth Circuit

Defendant's conviction for being a felon in possession of a firearm is affirmed; however, his sentence is vacated, pursuant to US v. Booker, 125 S.Ct. 738 (2005), since the district court judge sentenced the defendant as if the US Sentencing Guidelines were mandatory.

Appellate Information

• Decided 02/16/2005
• Published 02/16/2005

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, Circuit Judge;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Stephen B. Shankman, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant. David N. Pritchard, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF:Stephen B. Shankman, Needum L. Germany, Office of the Federal Public Defender for the Western District of Tennessee, David N. Pritchard, Assistant United States Attorney, Memphis, Tennessee, for Appellant.