United States Sixth Circuit

A 300-month sentence for a drug trafficking conspiracy and crack cocaine possession is vacated and remanded for resentencing where: 1) the district court plainly erred in stating the applicable sentencing range; 2) contrary to the government's argument, a potential difference of almost two years in prison does affect a defendant's "substantial rights"; and 3) the government's argument regarding judicial efficiency is rejected.

Appellate Information

• Decided 10/01/2007
• Published 10/01/2007

Judges

• Before:  MARTIN and BATCHELDER, Circuit Judges;  O'MEARA, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jacob H. Huebert, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant.  Caryn L. Hebets, Assistant United States Attorney, Johnson City, Tennessee, for Appellee.   ON BRIEF:  Jacob H. Huebert, James B. Hadden, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant.  Guy W. Blackwell, Assistant United States Attorney, Greeneville, Tennessee, for Appellee.