United States Sixth Circuit

Defendant's conviction and sentence for drug related weapons charges under 18 U.S.C. section 924(c) are reversed where his indictment improperly combined elements of both firearm offenses in the statute, jury instructions compounded the confusion, and there existed plain Booker sentencing error.

Appellate Information

• Decided 11/30/2005
• Published 11/30/2005

Judges

• DAVID A. NELSON, Circuit Judge., Before:  MARTIN, NELSON, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Todd A. Shanker, Federal Public Defenders Office, Detroit, Michigan, for Appellant.  Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Todd A. Shanker, Federal Public Defenders Office, Detroit, Michigan, for Appellant.  Susan E. Gillooly, Assistant United States Attorney, Detroit, Michigan, for Appellee.