United States Sixth Circuit

Sentence for weapons charges is vacated and remanded where, when a district court increases a sentence based on its own fact findings on the basis of evidence never fully disclosed to the defendant, the court must either disclose sufficient details about the evidence to give the defendant a reasonable opportunity to respond, or refrain from relying on the evidence.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• Before: GILMAN and SUTTON, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David C. Jack, Wadsworth, Ohio, for Appellant.  Mark S. Bennett, United States Attorney, Cleveland, Ohio, for Appellee.  Douglas A. Berman, The Ohio State University, Moritz College of Law, Columbus, Ohio, as court-appointed Amicus Curiae.   ON BRIEF:  David C. Jack, Wadsworth, Ohio, for Appellant.  Vasile C. Katsaros, United States Attorney, Cleveland, Ohio, for Appellee.  Douglas A. Berman, The Ohio State University, Moritz College Of Law, Columbus, Ohio, as court-appointed Amicus Curiae.