United States Sixth Circuit

Defendant's conviction for possession with intent to distribute cocaine is affirmed over claims of error regarding: 1) admission of "other acts" evidence introduced by the government to rebut his entrapment defense; 2) restriction of his cross-examination of a government witness; 3) ineffective assistance of counsel; 4) the sufficiency of the evidence supporting a finding that he possessed with intent to distribute nine kilograms of cocaine. However, the sentence is vacated where, although there was no Apprendi violation in regard to drug-type and quantity determinations, defendant was entitled to resentencing under Booker.

Appellate Information

• Decided 04/11/2007
• Published 04/11/2007

Judges

• Before MARTIN, BATCHELDER, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Margaret Amer Robey, Robey & Robey, Cleveland, Ohio, for Appellant.  John C. Engstrom, Assistant United states Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Margaret Amer Robey, Gregory S. Robey, Robey & Robey, Cleveland, Ohio, for Appellant.  John C. Engstrom, Assistant United States Attorney, Detroit, Michigan, for Appellee.