United States Sixth Circuit

A sentence for being a felon in possession of a firearm and possession with intent to distribute cocaine base is affirmed where, contrary to the government's claim, a plea agreement permitted the district court to depart below the five-year mandatory minimum sentence authorized by 21 U.S.C. section 841(b)(1)(B)(iii).

Appellate Information

• Decided 05/01/2007
• Published 05/01/2007

Judges

• BOYCE F. MARTIN, JR., Circuit Judge., Before MARTIN and CLAY, Circuit Judges;  POLSTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew B. Birge, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant.  Scott Graham, Howard & Howard, Kalamazoo, Michigan, for Appellee.   ON BRIEF:  John F. Salan, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant.  Scott Graham, Howard & Howard, Kalamazoo, Michigan, for Appellee.