United States Sixth Circuit

A sentence for being a felon in possession of a firearm is vacated where the district court's failure to find a "clear connection" between the firearm used in the charged offense and a firearm used in the enhancement offense indicated that an enhancement pursuant to U.S.S.G. section 2K2.1(b)(5) may have been improperly imposed.

Appellate Information

• Decided 03/06/2007
• Published 03/06/2007

Judges

• Before MARTIN, COLE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Paul M. O'Brien, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Michael C. Holley, R. David Baker, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.