United States Sixth Circuit

A sentence for possession of a firearm by a convicted felon is affirmed in part where defendant was properly sentenced under the Armed Career Criminal Act and the district court did not violate Apprendi, and vacated for re-sentencing in accordance with Booker.

Appellate Information

• Decided 03/01/2006
• Published 03/01/2006

Judges

• Before:  BOGGS, Chief Judge;  SUTTON, Circuit Judge;  RICE, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  April R. Goode, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant. Jerry R. Kitchen, Assistant United States Attorney, Jackson, Tennessee, for Appellee.   ON BRIEF:  April R. Goode, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee.