United States Sixth Circuit

The rationale of Booker applies equally to sentences imposed pursuant to 18 U.S.C. section 3553(b)(1) or 18 U.S.C. section 3553(b)(2). A sentence for distribution and possession of child pornography, and criminal forfeiture is affirmed over defendant's claims that Booker's remedial opinion did not apply to his sentence, and that applying Booker to his sentence would constitute an ex post facto violation.

Appellate Information

• Decided 07/10/2006
• Published 07/10/2006

Judges

• Before:  SUTTON and GRIFFIN, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ronald C. Small, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  S. Carran Daughtrey, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Ronald C. Small, Jennifer Niles Coffin, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  S. Carran Daughtrey, Assistant United States Attorney, Nashville, Tennessee, for Appellee.