United States Sixth Circuit

A sentence for conspiracy to commit bank fraud and launder the proceeds, and bank fraud is vacated and remanded where the district court: 1) neither ruled on objections defendant raised with regard to a presentence report (PSR) nor determined that the matters would not affect or be considered in the sentencing; and 2) did not calculate and consider a correct advisory guideline sentence.

Appellate Information

• Decided 07/11/2007
• Published 07/11/2007

Judges

• Before:  BATCHELDER, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark J. Kriger, LaRene & Kriger, Detroit, Michigan, for Appellant.  Cynthia J. Oberg, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Mark J. Kriger, N.C. Deday LaRene, LaRene & Kriger, Detroit, Michigan, for Appellant.  Cynthia J. Oberg, Assistant United States Attorney, Detroit, Michigan, for Appellee.