United States Sixth Circuit

A sentence for possession of cocaine base is reversed where the district court erred in determining that defendant's prior conviction for attempt to commit a felony was not a controlled substance offense for purposes of sentencing him as a career offender.

Appellate Information

• Decided 02/27/2006
• Published 02/27/2006

Judges

• Before:  ROGERS and SUTTON, Circuit Judges;  FORESTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David C. Henry, Assistant United States Attorney, Memphis, Tennessee, for Appellant.  Kemper B. Durand, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, for Appellee.   ON BRIEF:  David C. Henry, Assistant United States Attorney, Memphis, Tennessee, for Appellant.   Kemper B. Durand, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, for Appellee.