United States Sixth Circuit

A sentence for being a felon in possession of a firearm and for being an Armed Career Criminal is affirmed over a claim of Booker error where, defendant's sentence violated Booker, but the error was harmless because the sentence imposed was based upon a significant upward departure that resulted in a reasonable sentence.

Appellate Information

• Decided 04/14/2006
• Published 04/14/2006

Judges

• Before:  RYAN, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  April R. Goode, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.   David N. Pritchard, Assistant United States Attorney, Memphis, Tennessee, for Appellee.