United States Sixth Circuit

A conviction for being a felon in possession of a firearm is affirmed over a claim of insufficiency of the evidence, based on a claim that the lone predicate conviction cited in his indictment in the instant case had been nullified prior to his arrest, and a challenge to a search of his car after he was stopped that resulted in the discovery of a gun. The sentence is remanded for resentencing pursuant to Booker.

Appellate Information

• Decided 08/10/2006
• Published 08/10/2006

Judges

• Before:  BOGGS, Chief Judge;  COLE, Circuit Judge;  and ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas P. Kurt, Toledo, Ohio, for Appellant.  Timothy D. Oakley, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Thomas P. Kurt, Toledo, Ohio, for Appellant.  Timothy D. Oakley, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.