United States Sixth Circuit

Defendant's sentence for being a felon in possession of a firearm is vacated pursuant to Booker error due to the district court's plain error in applying the mandatory sentencing guidelines.

Appellate Information

• Decided 12/06/2005
• Published 12/06/2005

Judges

• Before:  SUTTON and COOK, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Frederick Lee Ortwein, Ortwein & Ortwein, Chattanooga, Tennessee, for Appellant.  Tammy Owens Combs, Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.