United States Sixth Circuit

A sentence for being a felon in possession of a firearm is affirmed over claims that the district court violated defendant's Sixth Amendment rights by: 1) imposing a sentence in reliance on the sentencing guidelines being mandatory; and 2) enhancing his sentence based on facts found by the court by a preponderance of the evidence.

Appellate Information

• Decided 08/07/2006
• Published 08/07/2006

Judges

• Before:  CLAY and COOK, Circuit Judges;  OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul L. Nelson, Federal Public Defenders Office, Grand Rapids, Michigan, for Appellant.  Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Paul L. Nelson, Federal Public Defenders Office, Grand Rapids, Michigan, for Appellant.  Paul D. Lochner, United States Attorney, Marquette, Michigan, for Appellee.