United States Sixth Circuit

Defendant's sentence for drug and weapons convictions is vacated where the district court made factual findings on the amount of drugs, which resulted in an enhancement of defendant's sentence, and is a Sixth Amendment violation under US v. Booker, 125S.Ct. 738 (2005).

Appellate Information

• Decided 03/03/2005
• Published 03/03/2005

Judges

• Before:  MOORE, COLE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David L. Cooper, Law Office of David L. Cooper, Nashville, Tennessee, for Appellant.  Paul M. O'Brien, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  David L. Cooper, Law Office of David L. Cooper, Nashville, Tennessee, for Appellant.  Paul M. O'Brien, Assistant United States Attorney, Nashville, Tennessee, for Appellee.