United States Sixth Circuit

Defendant's sentence for being a felon in possession of a firearm and making a false statement in attempting to reacquire that firearm is vacated where, although application of the Armed Career Criminal Act was not error, a remand for imposition of a district court's alternate sentence was appropriate.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• Before:  MERRITT, MARTIN, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jacqueline A. Johnson, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Joseph P. Schmitz, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Jacqueline A. Johnson, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.   Joseph P. Schmitz, Assistant United States Attorney, Cleveland, Ohio, for Appellee.