United States Sixth Circuit

Defendant's sentence as an armed career criminal for being a felon in possession of a firearm is vacated where, although the district court did not err in sentencing defendant as an armed career criminal, he was entitled to resentencing pursuant to a Booker claim.

Appellate Information

• Decided 04/03/2006
• Published 04/03/2006

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen B. Shankman, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  Lawrence J. Laurenzi, Assistant United States Attorney, Memphis, Tennessee, for Appellee.   ON BRIEF:  Stephen B. Shankman, Mary C. Jermann, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant. Lawrence J. Laurenzi, Assistant United States Attorney, Memphis, Tennessee, for Appellee.