United States Sixth Circuit

Defendants' sentences are vacated where, pursuant to US v. Booker, 125 S.Ct. 738 (2005), the district court plainly erred in applying enhancements, on the basis of judge-found facts, as part of the US Sentencing Guidelines system.

Appellate Information

• Decided 05/18/2005
• Published 05/18/2005

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Michael Dean, Irvine, Kentucky, William G. Crabtree, London, Kentucky, for Appellants.


• For Appellees:
  
• Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.